Medical Malpractice Litigation

Medical malpractice litigation is a complex and time-consuming. It is also costly for both plaintiff and defendant.

In order to receive compensation for malpractice, the patient must demonstrate that the substandard medical treatment caused their injury. This requires establishing four legal elements: a professional duty and breach of that duty inflicting injury, and the resulting damages.

Discovery

One of the most important elements of a medical negligence case is obtaining evidence through written interrogatories and requests for production of documents. Interrogatories comprise of questions that the opposing side must answer under oath. They can be used for establishing facts to be presented in court. Requests for documents to be produced permit tangible items to be retrieved like medical records or test results.

In many cases your attorney will record the deposition of the accused physician and witness, which is a recorded session of questions and answers. This permits your attorney to ask the doctor or witnesses questions that would not be allowed at trial and can be extremely effective in cases with expert witnesses.

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

Infraction to the standard of care

Injuries resulting from the breach of the standard of care

Proximate causation

A doctor's inability to use the competence and expertise of doctors in their area of expertise and that resulted in injury to the patient

Mediation

Although medical malpractice cases are sometimes required, they do have some significant drawbacks for both sides. For plaintiffs they are stressed, and the expense and the time commitment associated with a trial can result in a negative psychological impact on them. For health professionals who are defendants, a trial can result in humiliation as well as a loss of credibility. It can also have negative consequences for their careers and practice, since the monetary payments they receive as part of settlements prior to trial are reported to national practitioner databases and to the state medical licensing body, and medical societies.

Mediation is a more cost-efficient time-efficient, risk-effective, and efficient method of settling a medical malpractice case. Eliminating the expense of trial and avoiding the possibility of eroding jury verdicts allows both parties to be more flexible in their settlement negotiations.

Before mediation, both parties will provide the mediator with an outline of the facts of the case (a "mediation brief"). In this stage, parties usually communicate via their lawyer, and not directly with one another. Direct communication could be used as evidence in court. As the mediation process progresses it's a good idea to focus on your case's strengths and be prepared to acknowledge its weaknesses. This will allow the mediator to fill in any gaps and make you an appropriate offer.

Trial

The aim of reformers working on torts is to develop an appropriate system for remuneration of those who have been injured by medical negligence in a timely fashion and without cost. While this isn't easy however, many states have implemented tort reform measures to reduce expenses and to prevent frivolous medical malpractice claims.

The majority of doctors in the United States have malpractice insurance to protect themselves from accusations of professional negligence. Certain of these policies are required as a condition for hospital privileges or employment within a medical company.

In order to be able to claim the financial compensation for injuries caused due to the negligence of a physician, an injured patient must prove that the doctor did not meet the standards of care applicable in the field of expertise they practice. This is referred to as proximate cause, and is an essential element of an action for medical malpractice.

A lawsuit is initiated when a civil summons is filed with the appropriate court. Once this is completed, both sides must engage in an act of disclosure. This includes written interrogatories, as well as the production of documents such as medical records. Depositions (in which attorneys ask deponents under an oath) as well as requests for admission are also involved.

In a medical malpractice case, the burden of proof is very high. Damages are awarded based on both economic losses (such as lost income or the cost of future medical treatments) as well as non-economic damages like pain and discomfort. It is essential to work with a seasoned lawyer when you are seeking a medical malpractice claim.

Settlement

Settlements are the most commonly used way to resolve medical malpractice lawsuits. 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 victim receives an amount of money that is then paid to the plaintiff's lawyer who deposits it in an account for escrow. The lawyer deducts costs and legal fees according to the representation agreement, and provides the injured person with compensation.

To win a medical negligence lawsuit the patient must prove that a physician or other healthcare provider violated their duty of care by failing to show the required level of expertise and competence in their area of expertise. They must also prove that the victim suffered injury as a direct result of the breach.

In the United States, there are 94 federal district court systems, which are equivalent to state trial courts. Each of these courts has an ad hoc jury and judge panel that decides cases. In certain circumstances the case of medical malpractice can be transferred to one of these courts. Physicians in the United States typically carry medical malpractice insurance to guard themselves against claims of intentional harm or wrongdoing. Physicians should understand the nature and workings of our legal system in order that they are able to respond in a timely manner to claims made against them.