Medical Malpractice Litigation
Medical malpractice
lawsuits are complex and time-consuming. Both defendants and plaintiffs are also obliged to pay a significant price.
In order to receive financial compensation in a medical malpractice lawsuit, an injured patient must show that substandard medical care resulted in injury. This requires establishing four components of law that include a professional obligation, breach of that duty, injury and damages.
Discovery
The most important element of a
medical malpractice lawyers malpractice case is gathering evidence. This can be accomplished via written interrogatories, or requests for documents. Interrogatories are composed of questions to which the opposing party has to answer under oath, and are used to establish the facts that will be presented in court. Demands for the production of documents allow for tangible items to be obtained such as medical records or test results.
In many instances, your lawyer will take the defendant physician's deposition, which is a recorded question and answer session. This allows your attorney to ask the witness or physician questions that would not have been permitted during trial. It can be very useful in cases with expert witnesses.
The information gathered during pretrial discovery will be used to prove your claim in court.
Infractions to the standard of care
Injuries caused by a breach of the standard of care
Proximate cause
A doctor's inability to use the competence and expertise of doctors in their field of specialization, and which proximately resulted in injury to a patient
Mediation
While medical malpractice trials are often required, they do have some significant drawbacks for both parties. The stress, cost and time commitment required to conduct a trial can have a negative effect on plaintiffs. For defendant health professionals trials can result in humiliation and loss of prestige. It can also have negative impacts on their professional career and practice as the monetary settlements they receive as part of settlements before trial are recorded in national databases of practitioner and to the state medical licensing body, and medical societies.
Mediation is a cheaper, time-efficient, and risk-effective way to resolve a medical malpractice case. Eliminating the expense of a trial and
lawsuits avoiding potential loss of jury verdicts, mediation allows both parties to be more flexible in settlement negotiations.
Both parties must give a brief summary of the dispute to the mediator prior mediation (a "mediation brief"). At this point, parties usually communicate via their lawyer, and not directly with one another. Direct communication can be used as evidence in court. As the mediation process progresses, it's a good idea to focus on your case's strengths, and be prepared to recognize its weaknesses. This will assist the mediator to solve any gaps in understanding and offer you a reasonable offer.
Trial
Tort reformers aim to create an system that pays those who have been injured by negligence of doctors quickly and with minimal expense. Although this is a difficult task however, many states have implemented tort reform measures in order to lower the cost of medical malpractice claims.
The majority of doctors in United States have malpractice insurance as a way of safeguarding themselves from claims of professional negligence. Some of these policies may be required by a hospital or medical group as a condition of permissions.
To be eligible for the financial compensation for injuries caused due to the negligence of a physician the patient who has suffered injury must establish that the physician did not meet the appropriate standard of care in his or her field. This is known as proxy causation and is an essential element in a medical malpractice case.
A lawsuit starts with the filing of an civil summons and complaint in the appropriate court. After this is done the parties must then engage in the process of disclosure. This includes written interrogatories, as well as the production of documents like medical records. It also involves depositions (deponents are questioned by attorneys under the oath) and requests for admission which are statements that one side would like the other side to accept in whole or part.
The burden of proof in a medical malpractice case is extremely heavy and the damages awarded take into account both actual economic loss such as lost income and the cost of future medical care and non-economic losses like suffering and pain. It is essential to consult with an experienced attorney when you are pursuing a medical negligence claim.
Settlement
Settlements are the most commonly used 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 injured patient receives a check that is then paid to the plaintiff's lawyer, who deposits it in an escrow account. The lawyer deducts expenses and legal costs as per the representation agreement, and then pays the injured person payment.
To prevail in a medical malpractice lawsuit the patient must prove that a doctor or healthcare provider violated their duty of care by not demonstrating the required level of knowledge and skills in their field. They must also show that the victim suffered harm due to the violation.
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, which hears cases. In certain situations, a medical malpractice case may be transferred to one of these courts. Physicians in the United States typically carry medical malpractice insurance to shield themselves from claims of unintentional harm or wrongdoing. Physicians need to understand the structure and functioning of our legal system in order to be able to react appropriately in the event of an action is filed against them.