Medical Malpractice Litigation

Medical malpractice litigation is complex and time-consuming. Both plaintiffs and defendants are also legally required to pay an expensive cost.

To be able to claim an award of money in a malpractice lawsuit, an injured patient must prove that substandard medical care resulted in injury. This involves establishing four elements of law which include professional obligation, breach of this duty, injury and resulting damages.

Discovery

The most crucial aspect of a case involving medical negligence is the gathering of evidence. This can be accomplished via written interrogatories, or requests for medical documents. Interrogatories consist of questions that the opposing party must answer under oath. They can be used for establishing the facts to be presented in court. Requests for production of documents permit tangible documents to be obtained such as medical records or test results.

In many cases, your attorney will record the deposition of the defendant physician that is an recorded session of questions and answers. This allows your lawyer to ask the physician or witness questions that would not be permitted at trial. This can be very effective in a case with expert witnesses.

The information gathered during pretrial discovery will be used to support your case at trial.

Breach of the standard of care

The injury is caused by the breach of the standard of care

Proximate cause

A doctor's failure to use the level of knowledge and skill held by doctors in their field of specialization, and which proximately resulted in injury to the patient

Mediation

Although medical malpractice trials are sometimes required, they come with significant disadvantages for both parties. The stress, expense and time commitment required by a trial can have a negative effect on plaintiffs. For defendant health care professionals trials can result in humiliation as well as a loss of respect. It can also have negative consequences for their careers and practice since the financial payments they receive as part of settlements before trial are recorded in national databases of practitioner and to the state medical licensing body and the medical societies.

Mediation is the most cost-effective and time-efficient and risk-free method of settling the medical malpractice case. Eliminating the expense of a trial and avoiding potential eroding jury verdicts allows both parties to be more flexible in their settlement negotiations.

Both parties must give a brief summary of the case to the mediator before mediation (a "mediation short"). At this stage, the parties will usually communicate through their lawyer, and not directly. Direct communication can be used as evidence in court. As the mediation continues, medical it is a good idea to concentrate on the strengths of your case and be ready to acknowledge its weaknesses, as well. This will enable the mediator to fill any gaps and offer you a reasonable offer.

Trial

The aim of reformers working on torts is to establish an appropriate system for remuneration of those who are injured by physician negligence quickly and without excessive cost. Although this is a difficult task however, many states have implemented tort reforms to reduce the cost of medical malpractice claims.

Most physicians in the United States have malpractice insurance as a way to protect themselves from accusations of professional negligence. Some of these policies might be required by a hospital or medical group as a condition for the right to practice.

In order to obtain an amount of money for injuries sustained due to the negligence of a physician the patient who has suffered injury must prove that the doctor did not adhere to the standards of care applicable in the area of expertise he or she practices. This is referred to as proxy causation and is a key element in a medical malpractice case.

A lawsuit starts when a civil summons is filed in the court of your choice. Once this is completed both parties must engage in the process of disclosure. This includes written interrogatories, as well as the production of documents such as medical records. Depositions (in which attorneys ask deponents under the oath), and requests for admission are also involved.

In a medical malpractice attorney malpractice case, the burden of proof is heavy. Damages are awarded based on economic losses (such as lost income or the costs of a future medical procedure) as well as non-economic damages like pain and discomfort. It is essential to partner with a skilled lawyer when you are trying to file a medical malpractice lawsuit.

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 victim receives a check and it is given to the plaintiff's lawyer who deposits it in an escrow account. The attorney deducts the legal fees and case expenses in accordance with the representation agreement, and then provides the injured victims with compensation.

To win a medical malpractice lawsuit the plaintiff must demonstrate that a doctor or healthcare provider breached their duty of care by failing to demonstrate the required level of expertise and competence in their area of expertise. They must also show that the victim suffered harm as a direct result of the violation.

The United States has a system of 94 federal district courts which are equivalent to state trial courts, and each of these courts has jurors and judges that hears cases. In limited circumstances the case of medical malpractice may be moved to one of these courts. In the United States, physicians carry medical malpractice insurance as a way to safeguard themselves against lawsuits for harm caused by negligence. Physicians must understand the structure and functioning of our legal system in order to respond appropriately if an action is filed against them.