Medical Malpractice Litigation

Medical malpractice lawsuits can be complex and time-consuming. Both plaintiffs and defendants are also legally required to pay an expensive price.

In order to win an award of money in a malpractice lawsuit, the injured patient must prove that inadequate medical care resulted in injury. This involves establishing four legal elements such as a professional obligation and breach of that duty inflicting injury, and the resulting damages.

Discovery

The most important aspect of a medical malpractice case is gathering evidence. This can be accomplished through written interrogatories and requests for documents. Interrogatories contain questions that the opposing party has to answer under oath and are used to establish the facts that will be presented in court. Requests for documents to be produced permit tangible evidence to be obtained, such as medical records or test results.

In many instances, your lawyer will interview the doctor who is in charge of the defense deposition which is a recorded question and answer session. This allows your attorney to ask the witness or physician questions that might not be permitted at trial. It can be very helpful in cases involving experts as witnesses.

The information gathered during pre-trial discovery is used during trial to prove the following components of your claim:

Infractions to the standard of care

Injuries caused by a breach of the standard care

Proximate cause

A doctor's inability to use the knowledge and skill held by doctors in their area of expertise and that caused injury to the patient

Mediation

lehi medical malpractice lawyer malpractice trials are important, but they also come with numerous disadvantages. For plaintiffs who are facing a lawsuit, the stress, expense and time commitment of a trial can result in a negative psychological impact on them. A trial can lead to humiliation and loss of prestige for health professionals who are defendants. It can also result in negative consequences for their work and career as the financial benefits received as part of a pretrial settlement are typically reported to national databanks for practitioners states medical licensing boards, and medical societies.

Mediation is the most cost-effective, time-efficient and cost-effective method to settle a medical malpractice claim. The parties can negotiate more freely since they are not burdened by the expense of a trial, and the risk of juror verdicts to be eroded.

Before mediation, both sides will provide the mediator with an outline of the facts of the case (a "mediation brief"). At this stage, the parties usually communicate via their lawyer, not directly with each other. Direct communication could be used as evidence in court. If the mediation continues it's best to focus on your case's strengths and be ready to acknowledge your case's weaknesses. This will enable the mediator to fill any gaps and give you an appropriate offer.

Trial

The aim of reformers in tort law is to create a system to compensate those who have been injured by medical negligence in a timely manner and without cost. A number of states have enacted tort reform measures to cut costs and to stop frivolous claims for medical malpractice.

Most doctors in the United States carry malpractice insurance to safeguard themselves from claims of professional negligence in medical cases. Certain of these policies are required to be carried out as a condition of hospital privileges or work with a medical group.

In order to receive an amount of money for injuries sustained due to the negligence of a physician the injured patient must prove that the doctor didn't meet the appropriate standard of care in his or her field. This concept is called proximate causation, and is an important element of a medical malpractice case.

A lawsuit begins when the civil summons is filed in the appropriate court. Once this has been completed both parties must engage in the process of disclosure. This involves written interrogatories and the production of documents like medical records. Depositions are also involved (deponents are confronted by attorneys under the oath) and requests for admission which are statements made by one side that the other wishes the other to admit, either in full or in part.

The burden of proving a medical malpractice case is extremely high. The damages awarded are calculated based on both actual economic loss such as lost earnings and the cost of future medical treatments and non-economic losses like suffering and pain. If you are pursuing a claim for medical malpractice, it is important to hire an experienced attorney.

Settlement

Medical malpractice cases 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 transferred to the plaintiff's attorney who then deposits it into an escrow account. The lawyer will then deduct the case expenses and legal fees per the representation agreement, and provides the injured person with compensation.

To prevail in a medical malpractice lawsuit, a patient must prove that a doctor or other healthcare provider violated their duty of care by not demonstrating the required level of expertise and competence in their area of expertise. They must also prove that the victim suffered harm as a direct result of the violation.

The United States has a system of 94 federal district courts which are equivalent to state trial courts, and each of these courts has a judge and jury panel that decides on cases. In certain circumstances cases, medical negligence may be transferred to one of these federal district courts. In the United States, physicians carry medical malpractice insurance as a way to safeguard themselves from claims of unintentional harm. Doctors must be aware of the structure and functioning of our legal system so that they can react appropriately to a claim brought against them.