Medical Malpractice Litigation

Medical malpractice litigation can be complicated and time-consuming. It is also costly for both the plaintiff and defendant.

To be awarded monetary compensation for malpractice, the patient must demonstrate that the substandard medical treatment that they received caused their injury. This involves establishing four legal elements such as a professional obligation and breach of that duty as well as injury and damages.

Discovery

The most important part of a case involving medical negligence is gathering evidence. This can be done through written interrogatories or requests for documents. Interrogatories require to be answered under an oath by the opposition to the lawsuit. They are used to establish facts to be presented at trial. Demands for the production of documents permit tangible evidence to be obtained, such as medical records or test results.

In many cases your attorney will record the deposition of the defendant physician, which is a recorded session of questions and answers. This allows your attorney to ask the witness or doctor questions that would not have been allowed at trial. It can be extremely beneficial in cases involving expert witnesses.

The information you gather during pretrial discovery is used during trial to prove the following elements of your claim:

Infraction to the standard of care

Injury caused by the breach of the standard of care

Proximate causation

Failure of a physician to use the level of expertise and knowledge held by doctors in their field and which caused injury or harm to the patient

Mediation

While medical malpractice cases are sometimes necessary, they have significant drawbacks for both sides. For plaintiffs who are facing a lawsuit, the stress, expense, and the commitment to trial can have a negative psychological impact on them. For health professionals who are defendants, a trial could result in humiliation as well as a loss of credibility. It can also have adverse consequences for their careers and practice, since the monetary payments they make as part of settlements before trial are reported to national practitioner databases and to the state medical licensing body, and medical societies.

Mediation is a cost-effective and time-efficient way to resolve the medical malpractice case. Eliminating the expense of a trial and avoiding potential weakening jury verdicts, allows both parties to be more flexible in their settlement negotiations.

Before mediation, both sides give the mediator an outline of the facts of the case (a "mediation brief"). The parties typically permit their communication to be done through their lawyer rather than directly between themselves at this stage because direct communications could be used against them later on in court. As the mediation continues, it is recommended to focus on the strengths of your case, and be prepared to recognize its weaknesses as well. This will allow the mediator to fill any gaps and give an acceptable offer.

Trial

Reformers of the tort system are seeking to create an system that pays those hurt by negligence caused by doctors quickly and without excessive costs. While this is a problem several states have implemented tort reform measures to cut costs and prevent frivolous medical malpractice claims.

The majority of doctors in United States have malpractice insurance as a means of protecting themselves from claims of professional negligence. Certain of these policies are required in order to obtain hospital privileges or employment with a medical organization.

To claim compensation for injuries caused by the negligence of a medical professional the injured patient must prove that the doctor failed to meet the standard of care that is applicable to the field of work in which he or she is employed. This concept is known as proximate causation and is a crucial element of a medical malpractice lawsuit.

A lawsuit starts when a civil summons has been filed in the court of your choice. After this, both parties must engage in a process of disclosure. This can be done through written interrogatories, and the production of documents, like medical record. Depositions are also involved (deponents are confronted by attorneys under oath) and admission requests which are statements that one side wishes the other to admit in total or in part.

The burden of proving a medical malpractice case is extremely high. The damages awarded are calculated based on the actual economic loss, like lost income and the expense of future medical expenses as well as non-economic losses, such suffering and pain. It is essential to work with a seasoned lawyer when you are trying to file a medical malpractice lawsuit.

Settlement

Settlements are the most popular method of settling 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 result is a check for the injured patient, which is transferred to the plaintiff's attorney who deposit it into an account called an escrow. The lawyer then deducts the case expenses and legal fees per the representation agreement, and then the injured patient receives compensation.

To win a medical negligence lawsuit the plaintiff must demonstrate that a doctor or healthcare provider violated their duty of care by failing to demonstrate the required level of knowledge and expertise in their field. They must also show that the victim suffered harm directly as a result of the breach.

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 these federal district courts. Physicians in the United States typically carry medical malpractice insurance to protect themselves against claims of intentional harm or wrongdoing. Physicians must understand the structure and functioning of our legal system in order to react appropriately if a claim is brought against them.