Medical Malpractice Litigation

Medical malpractice lawsuits are complex and time-consuming. Both plaintiffs and defendants are also required to pay a substantial price.

In order to win the financial compensation sought in a malpractice lawsuit, the injured patient must prove that substandard medical treatment caused injury. This requires establishing four components of law that include a professional obligation, breach of that duty, injury and resulting damages.

Discovery

The most important part of a medical negligence lawsuit is the gathering of evidence. This can be done through written interrogatories and requests for documents. Interrogatories are inquiries that have to be answered under swearing by the opponent to the lawsuit. They are used to establish facts to be used in trial. Requests for production of documents permit tangible items to be retrieved, such as medical records or test results.

In many cases, your attorney will attend the defendant's deposition, which is a recorded question and answer session. This permits your attorney to ask the witness or doctor questions that would not have been permitted during trial. It can be very helpful in cases involving expert witnesses.

The information collected during pretrial discovery is used during trial to prove the following components of your claim:

Infractions to the standard of care

The injury is caused by the breach of the standard of care

Proximate causation

A doctor's failure to use the degree of expertise and knowledge held by physicians in their field of specialty and that proximately caused injury to the patient

Mediation

Although medical malpractice trials are sometimes required, they do have some significant drawbacks for both sides. The expense, stress and time commitment required to conduct a trial can have a negative effect on plaintiffs. For defendant health care professionals, a trial can result in humiliation and loss of respect. It can also have detrimental impacts on their professional career and practice because the monetary payments they receive as part of a settlement before trial are reported to national practitioner databases and the state medical licensing board, and medical societies.

Mediation is the most cost-effective, efficient, and risk-free method of settling the medical malpractice case. The cost of trial and avoiding the possibility of loss of jury verdicts, mediation allows both parties to be more flexible in settlement negotiations.

Before mediation, both sides 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, and not directly with one another. Direct communication can be used as evidence in court. As the mediation continues, it is recommended to concentrate on the strengths of your case, and be prepared to acknowledge its weaknesses, as well. This will allow the mediator to fill any gaps and offer you an appropriate offer.

Trial

The goal of tort reformers is to devise an appropriate system for remuneration of those who suffer injuries due to physician negligence in a timely fashion and without excessive cost. Many states have implemented tort-reform measures to reduce costs and also to prevent frivolous claims arising from medical malpractice.

The majority of physicians in the United States have malpractice insurance as a means of protecting themselves from allegations of professional negligence. Some of these policies are required as a condition of hospital privileges or work with a medical organization.

To receive compensation for injuries resulting from negligence of a medical professional, the injured person must prove that the physician did not meet the standard of care that is applicable to his or her profession. This concept is known as proximate cause and is an essential element of a medical malpractice claim.

A lawsuit begins when a civil summons is filed in the appropriate court. After this is done each party must participate in an exchange of information. This involves written interrogatories and the production of documents like medical records. Depositions (in which lawyers question witnesses under an oath) and requests for admission are also involved.

In a medical malpractice case the burden of proof is high. Damages are determined based on economic losses (such as lost income or the cost of future medical treatment) and non-economic damages such as discomfort and pain. It is important to consult with an experienced lawyer when you are you are pursuing a medical negligence claim.

Settlement

Medical malpractice lawsuits are settled 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 victim receives a check, which is paid to the plaintiff's lawyer, who deposits it in an account for escrow. The attorney deducts the legal fees and expenses in accordance with the representation agreement. He then pays the injured patients compensation.

To prevail in a medical malpractice lawsuit the plaintiff must demonstrate that a doctor or another healthcare provider breached their duty of care by failing to demonstrate the required level of knowledge and skills 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 court systems which are equivalent to state trial courts. Each of these courts has an ad hoc jury and judge panel that hears cases. In certain instances cases, medical negligence could be transferred to one of the federal district courts. Physicians in the United States typically carry medical malpractice insurance to shield themselves from claims of unintentional harm or wrongdoing. Physicians should understand the structure and operation of our legal system so that they can react appropriately to a lawsuit brought against them.