Medical Malpractice Litigation
Medical malpractice litigation is a complex and time-consuming. Both plaintiffs and defendants are also legally required to pay an expensive cost.
To receive compensation in the form of monetary damages for malpractice, the patient must prove that the negligent medical treatment he received led to his injury. This requires establishing four elements of law: a professional obligation, breach of this duty, injury and resulting damages.
Discovery
One of the most crucial elements of a medical negligence case is obtaining evidence via written interrogatories and requests for the production of documents. Interrogatories contain questions that the opposing party has to answer under oath, and are used to establish the facts that will be presented at trial. Requests for documents can be used to obtain tangible items, such as
medical malpractice lawyer records and test results.
In many cases your attorney will record the deposition of the accused physician that is an audio recording of questions and answers. This permits your attorney to ask the doctor or witnesses questions that might not be allowed at trial and can be very efficient in cases involving expert witnesses.
The information gathered during pretrial discovery will be used to support your claim in court.
Infraction to the standard of care
Injuries caused by a breach of the normal care
Proximate cause
Inability of a doctor to apply the knowledge and skills held by doctors in their field and which resulted in injury or harm to the patient
Mediation
Medical malpractice trials can be important, but they also come with many drawbacks. The expense, stress and time commitment required for a trial can have a negative impact on plaintiffs. A trial can result in embarrassment and a loss of status for defendant health professionals. It can also cause negative effects on their profession and practice because the financial benefits received as part of a pretrial settlement are typically reported to national databanks for practitioners as well as state medical licensing boards, and medical societies.
Mediation is a more cost-efficient, time-efficient, and risk-effective option to settle the medical malpractice case. Parties can negotiate more freely when they avoid the costs of a trial and the possibility of juror verdicts to be eroded.
Before mediation, both parties give the mediator brief information about the case (a "mediation brief"). The parties typically allow their communication to go through their lawyer rather than directly between themselves at this stage since direct communications could be used against them later on in court. As the mediation continues, it is best to concentrate on the strengths of your case and be ready to recognize its weaknesses as well. This will enable the mediator to solve any gaps in understanding and offer you reasonable offers.
Trial
The aim of tort reformers is to create a system to compensate those who suffer injury due to medical negligence in a timely manner and at a reasonable cost. A number of states have enacted tort reform measures to reduce costs and to stop frivolous claims for medical malpractice.
The majority of doctors in the United States have malpractice insurance as a way to protect themselves from accusations of professional negligence. Some of these policies may be required by a medical or hospital group as a condition of access to.
In order to be able to claim the financial compensation for injuries caused due to the negligence of a physician, the victim must prove that the doctor did not meet the applicable standard of care in the field of expertise they practice. This concept is known as proximate cause and is a key element in a medical malpractice lawsuit.
A lawsuit starts when a civil summons has been filed in the appropriate court. After that the parties must both engage in a disclosure process. This can be done through written interrogatories, as well as the issuance of documents such as medical records. Depositions (in which attorneys question deponents under oath), and requests for admission are also involved.
The burden of proof in medical malpractice cases is extremely high, and the damages awarded are calculated based on the actual economic loss, like lost income and the cost of future medical treatments and noneconomic losses such as pain and suffering. It is crucial to work with an experienced attorney when you are pursuing a
medical malpractice lawyer negligence claim.
Settlement
Medical 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 injured patient receives a check that is sent to the plaintiff lawyer, who then deposits it into an account for escrow. The attorney deducts the legal costs and case expenses according to the representation agreement and then provides the injured victims with settlement.
In order to win a medical negligence case, the patient who is suffering from it must prove that a physician or other healthcare provider was bound by a duty of care, but breached the duty by failing to perform the required level of expertise and knowledge in their field, and that as a proximate result of the breach, the victim suffered injuries, and that these damages are quantifiable in terms of monetary loss.
The United States has a system of 94 federal district courts which are equivalent to state trial courts, and each of these courts has a judge and jury panel that hears cases. In certain situations medical malpractice cases may be moved to one of these courts. Physicians in the United States typically carry medical malpractice insurance to guard themselves against claims of unintentional harm or wrongdoing. Physicians must be aware of 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.