The 10 Scariest Things About Medical Malpractice Attorneys

How to File a Medical Malpractice Lawsuit

Both lawyers and physicians must invest a lot of time and money in many medical malpractice lawsuits. This investment includes physician hours and work product as well as attorney time, court costs and expert witness fees and countless other expenses.

An injury resulting from a healthcare professional's negligence, misconduct, error or omission can give rise to a medical malpractice claim. The injured party can seek compensation for economic losses, like past or future medical bills as well as non-monetary damages, such as discomfort and pain.

Complaint

A medical malpractice law firms malpractice case is complex and requires proof of credibility to be successful. The injured party (or their attorney if they've passed away) must prove each of the following legal elements of the claim:

The hospital or doctor had a duty to follow the standard of care applicable. The defendant breached this duty. The breach directly caused injury to the plaintiff. This element of a malpractice claim is called "causation." A breach of the standard of care does not cause an injury; it must be shown that the breach directly caused the injury and was the primary reason for the injury.

To ensure the rights of a patient, and to ensure that a doctor does not commit further wrongdoing, it's necessary to file a report with the state medical board. A report is not a lawsuit, however, it is an excellent first step in beginning the process of bringing a malpractice claim. It is advisable to speak with a Syracuse malpractice lawyer prior to filing any report or document.

Summons

As part of the legal procedure, the summons or claim form is filed with the court, and Medical malpractice attorney then delivered to the defendant physician. A plaintiff's lawyer appointed by the court will review the documents. If it appears that there is a malpractice issue, the lawyer will file an affidavit and a complaint with the court, detailing the alleged mistake.

The next step is to obtain evidence by pretrial disclosure. This includes submitting requests for documentation including hospital billing and clinic notes, and taking the deposition of the defendant physician. Attorneys will then ask the defendant under oath regarding their knowledge of the case.

The information provided will be utilized by the lawyer representing the plaintiff to prove the elements of a claim for medical negligence in the course of trial. This includes the existence of an obligation on the doctor's part to provide care and treatment to patients; the doctor's breach of this duty; a causal relationship between the breach and the patient's death or injury; and a sufficient amount of damages that result from the injury or death to justly award monetary compensation.

Discovery

During the discovery process both sides are allowed to request and receive evidence that is relevant to the case. This includes medical records prior to and after an incident of alleged negligence, information about experts, copies of tax return or other documentation relating to expenses out of pocket the plaintiff claims have been incurred, and the names and contact information of any witnesses who will be appearing in the trial.

Most states have a statute-of limitations which limits the amount of length of time that a patient is allowed to sue after being injured by an error in medical care. Those time limits are usually determined by the law of the state and they are subject to rules known as the "discovery rule."

In order to win a medical malpractice lawsuit an injured victim must show that a doctor's negligence caused specific harm that is physical pain or loss of income. They must also prove causation i.e. that the negligent treatment resulted in their injury or death.

Deposition

Depositions are essentially question-and-answer meetings which take place in the presence of a court reporter who takes notes of the questions as well as the answers. Depositions are part of the discovery procedure, which consists of gathering information that can be used in a trial.

Attorneys may ask a series of questions to witnesses, which are usually doctors. When a physician is questioned, he or she must answer each question truthfully under oath. Usually the physician is asked questions by one attorney and then cross-examined by a different attorney. This is a crucial phase of the case and requires the full concentration and attention of the doctor.

A deposition is a fantastic method for lawyers to obtain a detailed background of the doctor, including his or the doctor's education, training and experience. This information is crucial to showing that the doctor violated the standard of care you expect and caused injury. For instance, doctors who have received training in the field of malpractice cases generally declare that they have a vast knowledge of specific procedures and techniques that could be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is officially launched when your lawyer lodges a complaint and a summons with the appropriate court. This is the beginning of the process of legal disclosure, also known as discovery. You and your doctor's staff will work together to collect evidence to support your case. This typically comprises Medical malpractice attorney records and testimony from an expert witness.

The objective of proving that you have committed a malpractice is to prove that your physician's actions did not meet the standards of care. Your lawyer must convince the jury that your injuries could be avoided if your doctor had followed the standards of care. Your doctor's lawyer will offer defenses that contradict the evidence presented by your attorney.

Despite the myth that doctors are a target for frivolous malpractice claims years of empirical research has shown that jury verdicts tend to reflect reasonable assessments of negligence and damages and that juries are skeptical of excessive damage awards. The majority of malpractice cases settle prior to trial.