Medical Malpractice Litigation

Medical malpractice litigation can be complex and time-consuming. Both defendants and medical malpractice plaintiffs are also obliged to pay a significant price.

In order to obtain the financial compensation sought in a malpractice lawsuit, the injured patient must show that substandard medical treatment led to injury. This involves establishing four legal elements which include professional duty, breach of duty as well as injury and damages.

Discovery

One of the most crucial elements of a medical negligence investigation is obtaining evidence by means of written interrogatories and requests for the production of documents. Interrogatories require to be answered under the oath of the party opposing to the lawsuit and are used to establish the facts to be used in trial. Requests for documents to be produced permit tangible items to be retrieved for example, medical records or test results.

In many cases, your attorney will record the deposition of the accused physician that is an audio recording of questions and answers. This allows your attorney to ask the doctor or witnesses questions that would not be permitted at trial. This can be extremely effective in a case involving expert witnesses.

The information gathered during discovery before trial will be used to support your case at trial.

Infractions to the standard of care

Injury resulting from a breach of the standard of care

Proximate cause

Inability of a doctor to apply the expertise and knowledge of doctors in their field, and that caused injury or harm to the patient

Mediation

Medical malpractice trials are essential, but they also have many disadvantages. For plaintiffs who are facing a lawsuit, the stress, expense, and the commitment to trial can cause psychological harm on them. For defendant health professionals, a trial could cause humiliation and loss of respect. It can also lead to negative effects on their work and career as the financial benefits received as part of a pretrial settlement are usually reported to national databanks for practitioners, state medical malpractice law firms licensing boards, and medical societies.

Mediation is the most cost-effective, time-efficient and risk-effective method of resolving the medical malpractice case. Parties can negotiate more freely when they avoid the costs of a trial, and the risk of jury verdicts to be diminished.

Before mediation, both parties are required to provide the mediator with brief information about the case (a "mediation brief"). Parties will usually allow their communication to pass through their lawyer, rather than directly between themselves at this point as direct communication could be used against them later in court. As the mediation continues, it is recommended to concentrate on the strengths of your case and be ready to recognize its weaknesses as well. This will allow the mediator to make sense of any gaps and offer you a reasonable offer.

Trial

The aim of those who work on tort reform is to establish an insurance system that compensates people who have been injured by medical negligence in a timely manner and without cost. While this is a problem several states have implemented tort reform measures in order to lower costs and prevent frivolous medical malpractice claims.

The majority of doctors in the United States carry malpractice insurance to safeguard themselves against claims of professional negligence medical instances. Some of these policies are required to be carried out as a condition of hospital privileges or employment within a medical company.

In order to receive an amount of money for injuries sustained by a medical practitioner's negligence the patient who has suffered injury must establish that the physician failed to meet the appropriate standard of care in his or her area of expertise. This is referred to as proximate causes and is a key element in a medical malpractice lawsuit.

A lawsuit starts with the filing of an civil summons and complaint in the court of your choice. Once this has been completed both parties must engage in the process of disclosure. This can be done through written interrogatories, as well as the issuance of documents such as medical record. Depositions are also involved (deponents are confronted by attorneys under an oath) and requests for admission which are statements made by one side that the other would like the other side to admit, either in full or in part.

The burden of proof in the case of medical malpractice is very high and the damages awarded are calculated based on the actual economic loss like lost income, the cost of future medical care and noneconomic losses such as pain and suffering. It is crucial to consult with an experienced lawyer when you are seeking a medical malpractice claim.

Settlement

Medical malpractice lawsuits are resolved through settlement. In general, the actual dollar value of a case is negotiated between the plaintiff and the defendants (often through or alongside the defendant's malpractice/professional liability insurer). The result is a check for the patient, which is then paid to the plaintiff's lawyer who then deposits the check into an escrow account. The lawyer will then deduct the case expenses and legal costs as per the representation agreement, and pays the injured person compensation.

To win a medical negligence case, the patient who is suffering from it must demonstrate that a doctor or other healthcare professional was bound by a duty of care, and then violated this duty by failing exercise the requisite degree of knowledge and competence in their field, that as a direct result of the breach, the victim sustained injury, and that such damages are quantifiable by the amount of money lost.

In the United States, there are 94 federal district courts, which are equivalent to state trial courts. Each of these courts has an ad hoc jury and judge panel that hears cases. In certain circumstances the case of medical negligence may be transferred to one of the federal district courts. Physicians in the United States typically carry medical malpractice insurance to guard themselves from claims of unintentional harm or wrongdoing. Medical professionals should be aware of the structure and function of our legal system in order they can respond appropriately to a lawsuit brought against them.