Medical Malpractice Litigation
Medical malpractice litigation can be complex and time-consuming. Both defendants and plaintiffs are also obliged to pay a significant price.
To win monetary compensation for malpractice, the patient must prove that the substandard medical treatment caused their injury. This requires establishing four legal elements which include professional duty and breach of duty inflicting injury, and the resulting damages.
Discovery
The most important element of a medical negligence lawsuit is the gathering of evidence. This can be done through written interrogatories and requests for documents. Interrogatories contain questions that the opposing party must respond to under oath and are used for establishing the facts to be presented at trial. Requests for production of documents permit tangible evidence to be retrieved like medical records or test results.
In many instances, your lawyer will be able to take the defendant's deposition which is recorded as a question and answer session. This permits your attorney to ask the witness or physician questions that might not have been permitted during trial. It can be very beneficial in cases involving experts as witnesses.
The information you gather during pretrial discovery will be used to support your claim at trial.
Breach of the standard care
Injuries resulting from the violation of the standard of care
Proximate causation
A doctor's failure to use the degree of skills and knowledge possessed by doctors in their field of expertise and that caused injury to the patient
Mediation
Medical malpractice trials are essential, but they also have numerous disadvantages. The expense, stress and time commitment required by a trial can have a negative effect on plaintiffs. A trial can cause embarrassment and a loss of status for defendant health care professionals. It can also have detrimental impacts on their professional career and practice since the financial payments they make as part of settlements prior to trial are reported to national databases for practitioners and the state
medical malpractice law firms licensing board and the medical societies.
Mediation is a cheaper and time-efficient method of settling the medical malpractice case. Eliminating the expense of trial and the risk of loss of jury verdicts, mediation allows both parties to be more flexible in their settlement negotiations.
Before mediation, both sides provide the mediator with brief information about the case (a "mediation brief"). At this stage, the parties usually communicate via their lawyer and not directly. Direct communication can be used as evidence against them in court. As the mediation progresses it is a good idea to concentrate on the strengths of your case, and also be prepared to acknowledge its weaknesses, as well. This will allow the mediator to fill the gaps and make an acceptable offer.
Trial
The goal of tort reformers is to devise a system that compensates those who suffer injury due to medical negligence promptly and without excessive cost. While this is a challenge some states have enacted tort reform measures in order to lower costs and prevent frivolous medical malpractice claims.
The majority of doctors in United States have malpractice insurance to protect themselves from allegations of professional negligence. Certain of these policies could be required by a hospital or medical group to obtain permissions.
To claim compensation for injuries resulting from negligence of a medical professional, the patient who has suffered injury must prove that the doctor did not meet the standard of care that is applicable to his or her profession. This is referred to as proximate causation and it is a crucial element in a medical malpractice case.
A lawsuit begins by filing a civil summons as well as a complaint in the appropriate court. After this the parties must participate in a process of disclosure. This can include written interrogatories as well as the issuance of documents, such a medical record. Depositions (in which attorneys ask deponents under the oath) and requests for admission are also involved.
The burden of proof in a medical malpractice case is extremely high. The damages awarded are calculated based on the actual economic loss such as lost earnings and the costs of future medical treatment and non-economic losses like pain and suffering. When seeking a compensation claim for medical malpractice, it's essential to work with a skilled attorney.
Settlement
Settlements are the most commonly used method of settling
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 victim is awarded a check that is sent to the plaintiff's lawyer, who then deposits it into an escrow account. The lawyer deducts expenses and legal costs as per the representation agreement, and the injured patient receives payment.
In order to win a
medical malpractice lawsuit the plaintiff must demonstrate that a physician or other healthcare provider breached their duty of care by failing to show the required level of expertise and skills in their area of expertise. They must also prove that the victim suffered harm because of the breach.
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 cases could be transferred to one of these courts. In the United States, physicians carry medical malpractice insurance to safeguard themselves from claims of unintentional harm. Doctors must be aware of the nature and workings of the legal system so they can respond appropriately to a claim brought against them.