Medical Malpractice Litigation

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

To be awarded monetary compensation for malpractice, the patient must establish that the substandard medical treatment led to their injury. This involves establishing four legal elements: a professional duty and breach of duty or breach, injury, and damages.

Discovery

The most important element of a case involving medical negligence is the gathering of evidence. This can be done through written interrogatories or requests for documents. Interrogatories are inquiries that have to be answered under oath by the opposing party to the lawsuit. They are used to establish the facts needed to be used in trial. Demands for the production of documents allow for tangible items to be retrieved, such as medical malpractice law firm records or test results.

In many instances, your lawyer will interview the doctor who is in charge of the defense deposition that is a recorded question and answer session. This permits your lawyer to ask the physician or witnesses questions that might not be allowed at trial. It is extremely effective in a case involving expert witnesses.

The information gathered in discovery before trial will be used to prove your claim in court.

Breach of the standard of care

Injury resulting from a violation of the standard of care

Proximate causation

A doctor's failure to apply the degree of expertise and knowledge held by doctors in their field of specialization, and which proximately resulted in injury to the patient

Mediation

Medical malpractice trials can be essential, but they also have many drawbacks. For plaintiffs the pressure, cost and the time commitment associated with a trial can result in a negative psychological impact on them. For defendant health professionals, a trial could result in humiliation and loss of prestige. It can also have detrimental impacts on their professional career and practice because the monetary payments they make as part of a settlement before trial are reported to national databases for practitioners, state medical licensing board and the medical society.

Mediation is a cheaper time-efficient, risk-effective, and efficient method to settle the medical malpractice case. Parties are able to negotiate more freely as they are not burdened by the expense of a trial and the possibility for juror verdicts to be eroded.

Before mediation, both sides are required to provide the mediator with brief details about the case (a "mediation brief"). Parties will usually allow their communication to go through their lawyer rather than directly between themselves at this point, as direct communications can be used against them later in court. If the mediation continues it's a good idea to concentrate on your case's strengths and be ready to acknowledge your case's weaknesses. This will allow the mediator to solve any gaps in understanding and provide you with an acceptable proposal.

Trial

Tort reformers are working to establish a system which compensates those who are injured due to negligence of a physician quickly and without excessive costs. Although this is a difficult task several states have implemented tort reforms to reduce costs and prevent frivolous medical malpractice claims.

The majority of doctors in the United States have malpractice insurance as a means of protecting themselves from claims of professional negligence. Certain of these policies could be required by a hospital or medical group to obtain privileges.

In order to be able to claim monetary compensation for injuries caused by a medical practitioner's negligence the injured patient must establish that the physician failed to meet the appropriate standard of care in his or her field. This is referred to as proxy causation and is a crucial element in a medical malpractice case.

A lawsuit begins by filing a civil summons and complaint in the court of your choice. Once this is complete, both sides must engage in a process of disclosure. This includes written interrogatories as well as the issuance of documents such as medical record. Depositions (in which attorneys challenge deponents under oath), and requests for Medical malpractice lawyer admission are also involved.

In a medical malpractice case the burden of proof is heavy. Damages are awarded based on economic losses (such as lost income or the expense of future medical treatment) and non-economic damages, like pain and discomfort. When seeking a compensation claim for medical malpractice, it's important to hire a skilled attorney.

Settlement

medical malpractice attorney 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 result is a check for the injured patient, which is then paid to the plaintiff's lawyer who then deposits the check into an escrow account. The lawyer then deducts the case expenses and legal fees per the representation agreement, and gives the injured patient their compensation.

In order to win a medical malpractice case the patient who is suffering from it must establish that a physician or other healthcare professional had a duty to care, but violated the duty by failing to use the appropriate degree of knowledge and skill in their field, and that in the proximate consequence of that breach, the victim suffered injury, and that such damages are quantifiable in terms of financial loss.

The United States has a system of 94 federal district courts, which are the equivalent of state trial courts. And each of these courts has jurors and judges that hears cases. In certain instances, a medical negligence case may be transferred to one of the federal district courts. Physicians in the United States typically carry medical malpractice insurance to guard themselves against claims of intentional harm or wrongdoing. Physicians need to understand the structure and functioning of our legal system to take appropriate action if there is a case brought against them.