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How to File a medical malpractice attorney Malpractice Lawsuit

Lawyers and doctors must invest a lot of time and money in the many lawsuits involving medical malpractice. This investment includes attorney time as well as court fees as well as expert witness fees and other costs.

An injury caused by a healthcare professional's negligence, misconduct, error or omission can lead to a medical malpractice claim. The injured party can seek compensation for economic losses, including future or past medical expenses as well as non-monetary damages, like pain and discomfort.

Complaint

A medical malpractice law firm malpractice suit has many moving parts and requires a solid evidence to prevail. The person who was injured (or their attorney if they've lost their claim) must prove each of the following legal aspects of the claim:

That a hospital or doctor was bound to perform its duties in accordance with the applicable standard of care. The defendant failed to meet this duty. The breach directly caused injury for the plaintiff. This element of an action for malpractice is called "causation." A breach of the standard of care itself is not a cause of injury, but it must be proved that the breach directly caused the injury and was the primary cause of the injury.

It is sometimes necessary to file a complaint with a state medical body to protect the rights of the patient and ensure that the doctor does not commit additional mistakes. However, filing a complaint does not initiate a lawsuit and is often just a beginning step in moving the malpractice claim. It is often best to consult a Syracuse attorney for malpractice prior to filing a report or other type of document.

Summons

A summons or claim is filed in court and sent to the doctor who is defendant as part of the legal process. A plaintiff's lawyer appointed by the court will examine these documents. If it appears that there is a malpractice case the lawyer is required to file an affidavit and a complaint with the court, detailing the alleged mistake.

The next step is to obtain evidence through pretrial disclosure. This includes making requests for evidence like hospital billing and clinic notes, as well as taking the deposition of the doctor who is defending the case. Attorneys will then question the defendant under oath regarding the details of the case.

The plaintiff's attorney will use this evidence to prove the elements of a medical malpractice claim during trial. The elements of a medical malpractice case include the existence of an obligation on the part of the doctor to provide treatment and care to patients, the physician's violation of this duty and a causal link between the breach and the injury or death of the patient, and a sufficient amount in damages to warrant a monetary award.

Discovery

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

There are many states with a statute of limitations that limit the time a patient has to seek compensation for injuries caused by medical error. The time limit is set by state laws and are subject to a rule called the "discovery rules."

To win a medical malpractice lawsuit, the injured patient has to show that the doctor's negligence resulted in specific harm such as physical pain, or loss of income. They must also prove causation -- that is, that the negligent treatment was the sole reason for their injury or death.

Deposition

Depositions are question and answer sessions that are conducted in the presence of a court reporter who records both the questions and the answers. Depositions are a part of the discovery process in which parties collect information for use in the trial.

Depositions allow attorneys to ask witnesses, often doctors for a series of questions. When a physician is questioned to testify, he or she must answer all questions honestly under the oath. Usually the physician is asked questions by an attorney and is then cross-examined in the presence of another attorney. This is an important stage in the trial and the physician has to focus on it with complete attention.

Depositions are a great opportunity for lawyers to gather an extensive background on the doctor, including her training, education and experience. This information is crucial to prove that the doctor did not meet the standard of care you expect and that this breach caused injury. Doctors who have been trained in the area will often be able to prove they have knowledge of certain procedures and techniques that may be relevant to your particular medical-malpractice case.

Trial

Your lawyer will submit a complaint to the court and a summons. This triggers a legal procedure of disclosure called discovery, where you and your doctor's team collaborate to collect information to prove your case. The evidence usually consists of medical records and testimony from expert witnesses.

The goal of proving negligence is to establish that your physician'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 standard of care. Your doctor's lawyer will present arguments that are contrary to the evidence presented to you by your attorney.

Despite folklore suggesting that doctors are targets for frivolous malpractice claims decades of empirical research shows that jury verdicts typically reflect fair judgments about the extent of negligence and damages, and that juries are skeptical about excessive damage awards. The majority of malpractice cases settle prior to trial.