Medical Malpractice Litigation

Medical malpractice litigation can be lengthy and complicated. Both defendants and plaintiffs are also obliged to pay a significant cost.

In order to receive compensation for malpractice, a patient must prove that the substandard medical treatment led to their injury. This requires establishing four pillars of law that include a professional obligation, breach of this obligation, injury and damages.

Discovery

One of the most crucial parts of a medical malpractice case is obtaining evidence through written interrogatories and requests for production of documents. Interrogatories consist of questions that the opposing party has to answer under oath. They are utilized for establishing facts to be presented in court. Requests for documents can be used to acquire tangible items, for medical malpractice example, medical records and test results.

In many instances, your lawyer will be able to take the defendant's deposition that is recorded as a question and answer session. This permits your attorney to ask the doctor or witnesses questions that would not be allowed at trial. It can be very effective in a case involving expert witnesses.

The information collected during pretrial discovery will be used to prove your case at trial.

Breach of the standard of care

Injuries resulting from a breach of the normal care

Proximate causation

A doctor's inability to use the level of knowledge and skill held by physicians in their field of specialization 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 who are facing a lawsuit, the stress, expense, and the time commitment associated with a trial can result in a negative psychological impact on them. For defendant health care professionals trial may result in humiliation and a loss of credibility. It can also have detrimental effects on their career and practice as the monetary settlements they make as part of a settlement before trial are reported to national practitioner databases, state medical licensing board, and medical society.

Mediation is the most cost-effective and time-efficient and risk-effective method of resolving an injury claim. Parties can negotiate more freely when they avoid the costs of a trial and the potential for jury verdicts to be diminished.

Both sides must provide a brief summary of the situation to the mediator before mediation (a "mediation brief"). Parties will usually let their communications go through their lawyer rather than directly between themselves at this stage as direct communication could be used against them later in court. As the mediation process progresses it's best to focus on your case's strengths and be prepared to recognize its weaknesses. This will enable the mediator medical malpractice to fill in any gaps and make you an appropriate offer.

Trial

Reformers of the tort system are seeking to create an system that pays those injured by physician negligence quickly and with minimal expense. 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 carry malpractice insurance to cover themselves against claims of professional negligence medical instances. Certain of these policies are required as a condition of hospital privileges or employment in a medical group.

To be eligible for financial compensation for injuries incurred by the negligence of a medical professional, an injured patient must establish that the physician failed to meet the standards of care applicable in his or her area of expertise. This concept is called proximate causation, and is a key element in a medical malpractice case.

A lawsuit is initiated when the civil summons is filed in the appropriate court. Following this, both parties must engage in a process of disclosure. This can be done through written interrogatories, as well as the issuance of documents, including medical record. Depositions (in which attorneys ask deponents under oath) and requests for admission are also involved.

In a medical malpractice claim the burden of proof is high. Damages are awarded based upon both economic losses (such as lost income or the expense of future medical treatment) and non-economic damages such as discomfort and pain. It is important to work with an experienced attorney when trying to file a medical malpractice lawsuit.

Settlement

Settlements are the most common 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 patient who is injured receives a check that is then paid to the plaintiff's lawyer who deposits it in an escrow account. The attorney then deducts case expenses and legal fees per the representation agreement, and provides the injured person with compensation.

To win a medical malpractice case the patient who is suffering from it must demonstrate that a doctor or other healthcare provider owed them a duty of care, but breached that duty by failing apply the necessary level of knowledge and competence in their field, that in the proximate consequence of the breach, the victim suffered injuries, and that those injuries are quantifiable in terms of monetary loss.

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 which hears cases. In some instances medical malpractice law firm malpractice cases may be transferred to one of these courts. Physicians in the United States typically carry medical malpractice insurance to protect themselves against claims of unintentional harm or wrongdoing. Physicians should be aware of the structure and function of our legal system in order that they can be able to react properly to any claim made against them.