Medical Malpractice Litigation

Medical malpractice lawsuits are complex and time-consuming. It can be costly for both the plaintiff as well as the defendant.

In order to win the financial compensation sought in a malpractice lawsuit, the injured patient must prove that substandard medical treatment led to injury. This involves establishing four elements of law which include professional obligation breach of this obligation, injury, and damages.

Discovery

One of the most important parts of a medical malpractice case is the collection of evidence through written interrogatories and requests for the production of evidence. Interrogatories contain questions that the opposing party must answer under oath, and are used for establishing the facts to be presented at trial. Requests for documents can be used to acquire tangible items, for example, medical records and test results.

In many cases, your attorney will take the defendant physician's deposition that is recorded as a question-and-answer session. This allows your attorney to ask the doctor or witness questions that wouldn't be allowed during trial. It can be very efficient in cases involving expert witnesses.

The information gathered during pretrial discovery will be used to prove your case in court.

Breach of the standard of care

Injuries resulting from the breach of the standard of care

Proximate causation

A doctor's failure to apply the level of skills and knowledge possessed by doctors in their area of specialization, and which proximately resulted in injury to a patient

Mediation

Medical malpractice trials are essential, but they also have many drawbacks. The expense, stress and time commitment that a trial requires can have a negative impact on plaintiffs. A trial can cause humiliation and diminished prestige for health professionals who are defendants. It can also lead to adverse effects on their practice and career because the financial settlements made 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 the most cost-effective, efficient, and risk-free method of settling an injury claim. The parties can negotiate more freely when they avoid the costs of a trial, and the possibility of jury verdicts to be diminished.

Before mediation, both parties give the mediator brief information about the case (a "mediation brief"). Parties will usually let their communications 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 proceeds, it's a good idea to focus on your case's strengths, and be prepared to acknowledge its weaknesses. This will assist the mediator to overcome any misunderstandings and give you an acceptable offer.

Trial

The goal of reformers in tort law is to create a system to compensate those who are injured by physician negligence in a timely fashion and without a large cost. Numerous states have implemented tort reform measures to reduce costs, and stop the filing of frivolous claims for medical malpractice.

Most physicians in the United States have malpractice insurance to protect themselves from allegations of professional negligence. Some of these policies are required as a condition for hospital privileges or work with a medical malpractice lawyer organization.

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 failed to meet the appropriate standard of care in his or her area of expertise. This concept is known as proxy causation and is a crucial element in a medical malpractice case.

A lawsuit starts with the filing of a civil summons as well as a complaint in the court of your choice. After this, both parties must engage in a disclosure process. This includes written interrogatories as well as the production of documents, like medical records. Also, it involves depositions (deponents are confronted by attorneys under the oath) and admission requests which are statements made by one side that the other wishes the other to admit, either in full or part.

In a medical malpractice case the burden of proof is high. Damages are awarded based on both economic losses (such as lost income or the expense of future medical treatment) as well as non-economic damages like pain and discomfort. In the event of pursuing a claim based on medical malpractice, it's crucial to consult an experienced attorney.

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 result is a check for the patient, which is then given to the plaintiff's lawyer who then deposits the check into an Escrow account. The attorney deducts the legal fees and expenses according to the representation agreement and then pays the injured patients compensation.

In order to prevail in a medical malpractice case the aggrieved patient has to establish that a physician or other healthcare professional was obligated to them under a duty of care, breached this duty by failing apply the necessary level of knowledge and competence in their field, that as a proximate result of that breach, the victim suffered injuries, and that these injuries are measurable in terms of monetary losses.

The United States has a system of 94 federal district courts, which are similar to state trial courts. And each court has jurors and judges that hears cases. In certain instances, a medical negligence case may be transferred to one of these federal district courts. In the United States, physicians carry medical malpractice insurance as a way to safeguard themselves against lawsuits for harm caused by negligence. Physicians should understand the structure and operation of the legal system so that they can react appropriately to a claim brought against them.