Medical Malpractice Litigation

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

To be able to claim financial compensation in a medical malpractice lawsuit, an injured patient must prove that substandard medical care resulted in injury. This involves establishing four elements of law: a professional obligation, breach of that duty, injury and resulting damages.

Discovery

One of the most important elements of a medical negligence case is obtaining evidence via written interrogatories and requests for the production of evidence. Interrogatories are questions that need to be answered under the oath of the party opposing to the lawsuit and are used to establish the facts needed to be presented in court. Documents that are requested to be produced allow for 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 recorded as a question-and-answer session. This allows your lawyer to ask the physician or witnesses questions that would not be allowed at trial and can be extremely efficient in cases involving expert witnesses.

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

Breach of the standard care

Injuries resulting from the violation of the standard of care

Proximate cause

Inability of a doctor to utilize the level of expertise and knowledge held by doctors in their field and that caused injury or harm to the patient

Mediation

Medical malpractice trials are necessary but they also have many disadvantages. For plaintiffs, the stress, expense, and time commitment of a trial can cause psychological harm on them. A trial can result in embarrassment and a loss of status for defendant health care professionals. It can also have negative impacts on their professional career and practice because the monetary payments they receive as part of settlements prior to trial are reported to national databases for Medical Malpractice Law Firm practitioners and to the state medical licensing body, and medical malpractice law firm medical societies.

Mediation is the most cost-effective, time-efficient and efficient method of settling the issue of medical malpractice. The parties are able to negotiate more freely as they do not have the expense of a trial, as well as the possibility of jury verdicts to be diminished.

Before mediation, both parties give the mediator brief details about the case (a "mediation brief"). The parties typically allow their communication to pass through their lawyer, rather than directly between themselves at this stage, as direct communications can be used against them later in court. If the mediation continues it's a good idea for you to focus on your case's strengths and be ready to acknowledge your case's weaknesses. This will enable the mediator to overcome any misunderstandings and offer you reasonable offers.

Trial

Tort reformers aim to create a system that will compensate those hurt by negligence caused by doctors quickly and without huge costs. Numerous states have implemented tort reform measures to cut costs and prevent frivolous claims for medical malpractice.

The majority of doctors in the United States have malpractice insurance as a way of safeguarding themselves from allegations of professional negligence. Some of these policies may be required by a medical or hospital group as a condition of the right to practice.

In order to be able to claim monetary compensation for injuries caused due to the negligence of a physician the injured patient must prove that the doctor did not adhere to the appropriate standard of care in his or her field. This concept is known as proximate cause, and is an essential element of a medical malpractice claim.

A lawsuit is initiated when an order for civil summons is filed in the court of your choice. Once this is completed the parties must then engage in an exchange of information. This includes written interrogatories as well as the creation of documents such as medical records. It also involves depositions (deponents are interrogated by attorneys under oath) and admission requests which are statements made by one side that the other wants the other side to admit, either in full or part.

In a medical malpractice case, the burden of proof is high. Damages are awarded based upon both economic losses (such as lost income or the expense of future medical malpractice lawyer treatment) and non-economic damages, such as discomfort and pain. If you are pursuing a claim for medical malpractice, it is essential to work with an experienced lawyer.

Settlement

medical malpractice law firm 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 victim receives an amount of money that is sent to the plaintiff's lawyer, who deposits it in an escrow account. The lawyer then deducts the case costs and legal fees as per the representation agreement, and then the injured patient receives compensation.

In order to prevail in a medical malpractice case the patient who has suffered must prove that a physician or other healthcare professional was obligated to them under a duty of care, but violated that duty by failing apply the necessary level of knowledge and competence in their field, that as a direct result of that breach, the victim sustained injuries, and that those injuries are measurable in terms of financial loss.

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 limited circumstances medical malpractice cases can be transferred to one of these courts. Physicians in the United States typically carry medical malpractice insurance to guard themselves from claims of unintentional harm or wrongdoing. Doctors must be aware of structure and operation of our legal system to respond appropriately if there is a case brought against them.