15 Things Your Boss Wishes You Knew 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 covers physician time and work product and attorney time, court costs and expert witness fees and countless other expenses.

A medical malpractice claim can be filed in the event that a healthcare professional has been negligent, has committed misconduct or committed a mistake or failed to act. The injured party can seek compensation for economic losses, including future or past medical bills as well as non-monetary damages, such as discomfort and pain.

Complaint

A medical malpractice lawsuit is made up of many moving parts, and requires evidence that is credible evidence to be successful. The person who was injured (or their attorney if they have died) must show each of these legal elements of the claim:

The defendant breached that duty. The defendant did not meet this obligation. 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 injury; however, it must be proved that the breach directly caused the injury and was the direct reason for the injury.

To protect the rights of a patient, and to ensure that a physician does not commit further wrongdoing, it's necessary to file a report with the state medical board. However, filing a report does not start an action and is usually just a step towards making the malpractice claim move. It is recommended to speak with a Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal procedure, a summons or claim form is filed with the court and then handed to the defendant doctor. A court-appointed lawyer for the plaintiff will then look over the documents and, if it is found that there is an incident of malpractice and they file a complaint along with an affidavit to the court detailing the medical error that is claimed to be the cause.

The next step in the legal process is obtaining evidence through pretrial discovery. This includes making requests for evidence such as hospital bills and clinic notes, as well as taking depositions of the defendant physician. Attorneys will then question the defendant on oath about the details of the case.

The information provided will be used by the plaintiff's lawyer to prove elements of a medical malpractice claim at trial. These include the existence of a duty on the physician's part to provide care and treatment to patients; the physician's violation of this duty; a causal link between the breach and the patient's death or injury and a significant amount of damages that result from the injury or death to be able to justify a monetary compensation.

Discovery

During the discovery process, both sides are allowed to request and receive evidence relevant to the case. This includes medical records prior to and after an incident of alleged negligence, information on experts as well as copies of tax returns or other documents relating to expenses out of pocket that the plaintiff claims to have caused, and the names and contact information of witnesses who are expected to testify at trial.

Most states have a statute-of limitations that restricts the time a patient has to seek compensation for medical malpractice lawsuit injuries caused by medical error. These time limits are determined by state laws and are subject to a law known as the "discovery rules."

To win a medical negligence case the patient who was injured must prove that the doctor's negligence caused specific harm like physical pain or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injuries or death.

Deposition

Depositions are questions-and-answer sessions that are conducted in the presence a court reporter, who will record the questions as as the answers. Depositions are part of the process of discovery, which is about gathering information that can be used in the trial.

Depositions allow attorneys to ask witnesses, often doctors, a series of questions. When a physician is deposed, they must answer all questions truthfully under the oath. Typically, the doctor is first questioned by an attorney and later cross examined by another attorney. This is a crucial step in the trial, and the physician must pay attention to it with all their heart.

A deposition allows attorneys to gain a thorough understanding of the doctor's background, including his or her education, training and experience. This information is crucial for showing that the doctor violated your standards of care and that this breach caused you harm. For instance, doctors who have received training in the area of malpractice cases will typically be able to prove that they have a lot of knowledge of certain procedures and practices that may be relevant to a particular medical malpractice case.

Trial

A lawsuit in a civil court is launched when your lawyer is able to file a complaint as well as a summons with the appropriate court. This is the beginning of the legal disclosure process known as discovery. You and your doctor's staff will work together to gather evidence to prove your case. The evidence usually consists of medical records and the testimony of experts.

The purpose of proving malpractice is to establish that your doctor's actions did not meet the standard of care. Your lawyer must convince the jury that your injuries would be avoided if your doctor had followed the standards of care. The attorneys for your doctor will present arguments that are contrary to the evidence presented by your lawyer.

Despite the belief that doctors are targets for fraudulent malpractice claims Evidence from decades demonstrate that jury verdicts are based on reasonable judgments of negligence and damages and that juries are skeptical of inflated award amounts. The majority of malpractice cases settle before trial.