Medical Malpractice Litigation

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

In order to receive compensation for malpractice, a patient must prove that the substandard medical treatment that they received caused their injury. This requires establishing four components of law which include professional obligation and breach of this obligation, injury and damages.

Discovery

One of the most crucial aspects of a medical malpractice case is obtaining evidence through written interrogatories and requests for production of documents. Interrogatories are inquiries that have to be answered under swearing by the opponent to the lawsuit. They can be used to establish the facts needed to be presented at trial. Requests for documents can be used to acquire tangible items, such as medical records and test results.

In many cases your attorney will record the deposition of the defendant physician that is an audio recording of questions and answers. This permits your attorney to ask the witness or doctor questions that might not have been allowed at trial. It can be very beneficial in cases that involve experts as witnesses.

The information collected during pretrial discovery is used in trial to prove the following components of your claim:

Infraction to the standard of care

Injury caused by the breach of the standard of care

Proximate cause

A doctor's failure to apply the level of expertise and knowledge held by doctors in their area of expertise and that resulted in injury to the patient

Mediation

Although medical malpractice trials are sometimes essential, they also have major drawbacks for both parties. The stress, cost and time commitment required for a trial can have a negative effect on plaintiffs. Trials can result in humiliation and loss of prestige for defendant health care professionals. It can also have negative impacts on their professional career and practice since the financial payments they receive as part of a settlement prior to trial are reported to national databases for practitioners and the state medical licensing board, and medical society.

Mediation is a less costly and time-efficient method of settling a medical malpractice attorney malpractice case. Reducing the cost of a trial and avoiding potential loss of jury verdicts, mediation allows both parties to be more flexible in settlement negotiations.

Both sides must provide an overview of the case for the mediator prior to mediation (a "mediation brief"). At this stage, the parties will usually communicate through their lawyer, and not directly. Direct communication could be used as evidence in court. If the mediation continues it is a good idea to concentrate on your case's strengths and be prepared to recognize its weaknesses. This will enable the mediator to fill any gaps and give you a reasonable offer.

Trial

The goal of tort reformers is to create a system which compensates those hurt by negligence caused by doctors quickly and without a lot of expense. A number of states have enacted tort reform measures to lower costs and also to prevent frivolous claims arising from medical malpractice.

The majority of doctors in the United States have malpractice insurance as a way to protect themselves from allegations of professional negligence. Certain of these policies are required as a condition of hospital privileges or work with a medical group.

To be compensated for injuries caused due to negligence of a medical professional, the patient who has suffered injury must prove that the physician did not meet the standards of care that is applicable to the field of work in which he or she is employed. This concept is known as proximate cause, and is an important part of the medical malpractice claim.

A lawsuit starts when a civil summons has been filed with the court of your choice. After this, both parties must engage in a process of disclosure. This can be done through written interrogatories, as well as the issuance of documents, including medical records. Depositions (in which attorneys challenge deponents under oath) and requests for admission are also involved.

In a case of medical malpractice, the burden of proof is very high. Damages are determined based on economic losses (such as lost income or the expense of future medical treatment) as well as non-economic damages such as pain and discomfort. If you are pursuing a claim for medical malpractice, it's essential to work with a skilled attorney.

Settlement

Settlements are the simplest 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 patient who is injured receives an amount of money that is then paid to the plaintiff's lawyer, who then deposits it into an account for escrow. The lawyer then deducts the case costs and legal fees according to the representation agreement, and then gives the injured patient their compensation.

To prevail in a medical malpractice law firms negligence case, an aggrieved patient must establish that a physician or other healthcare professional was bound by a duty of care, but breached the duty by failing to use the appropriate degree of knowledge and expertise in their field, that as a direct result of the breach, the victim suffered injury, and that such injuries can be quantified in terms of monetary losses.

In the United States, there are 94 federal district courts, medical malpractice law firms which are equivalent to state trial courts. Each of these courts has an ad hoc jury and judge panel that decides cases. In limited circumstances the medical malpractice case may be moved to one of these courts. Physicians in the United States typically carry medical malpractice insurance to safeguard themselves from claims of accidental harm or wrongdoing. Physicians must understand the nature and function of our legal system to react appropriately if a claim is brought against them.