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 the financial compensation sought in a malpractice lawsuit, the injured patient must prove that negligent medical treatment led to injury. This requires establishing four components of law which are professional obligations, breach of this duty, injury and resulting damages.

Discovery

One of the most crucial parts of a medical malpractice case is obtaining evidence via written interrogatories as well as requests for the production of documents. Interrogatories comprise of questions that the opposing party has to answer under oath, and are used to establish the facts that will be presented in court. Requests for documents can be used to obtain tangible items, such as medical records and test results.

In many cases your attorney will record the deposition of the defendant's physician and witness, which 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 cases with expert witnesses.

The information gathered during pretrial discovery is used at trial to establish the following elements of your claim:

Breach of the standard care

Injury caused by the breach of the standard of care

Proximate cause

A doctor's inability to utilize the level of knowledge and skills held by doctors in their field. This caused injury or injury to the patient

Mediation

While medical malpractice cases are sometimes necessary, they have significant disadvantages for both sides. For plaintiffs they are stressed, Medical malpractice and the expense and the time commitment associated with a trial can have a negative psychological impact on them. For defendant health care professionals, a trial could cause humiliation and loss of respect. It can also have negative effects on their career as well as practice since the financial payments they make as part of settlements before trial are reported to national databases for practitioners and the state medical licensing board, and medical societies.

Mediation is the most cost-effective, time-efficient and risk-free method of settling the issue of medical malpractice. By avoiding the cost of a trial and avoiding potential loss of jury verdicts, mediation allows both parties to be more flexible in settlement negotiations.

Before mediation, both sides will provide the mediator with brief information about the case (a "mediation brief"). The parties typically allow their communication to pass through their lawyer rather than directly between themselves at this stage because direct communications could be used against them later on in court. As the mediation process progresses, it is best to focus on the strengths of your case, and also be prepared to recognize its weaknesses as well. This will allow the mediator to solve any gaps in understanding and offer you an acceptable offer.

Trial

The goal of tort reformers is to create an system that pays those hurt by negligence caused by doctors quickly and with minimal expense. Although this is a difficult task however, many states have implemented tort reform measures to reduce costs and stop frivolous medical malpractice claims.

Most physicians in the United States carry malpractice insurance to cover themselves against allegations of professional negligence in medical cases. Certain of these policies are required as a condition of hospital privileges or work in 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 doctor's actions did not meet the standard of care applicable to his or her profession. This is referred to as proxy causation and is an essential element in a medical malpractice case.

A lawsuit begins with the filing of an civil summons and complaint with the appropriate court. After this the parties must both engage in a disclosure process. This includes written interrogatories and the issuance of documents such as medical record. Depositions (in which attorneys ask deponents under the oath) and requests for admission are also involved.

The burden of proof in medical malpractice cases is extremely heavy and the damages awarded will take into consideration the actual economic loss, like lost income and the expense of future medical expenses and noneconomic losses such as suffering and pain. It is important to consult with an experienced lawyer when you are pursuing a medical malpractice claim.

Settlement

Settlements are the most commonly used method to settle 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 receives an amount of money that is then paid to the plaintiff's lawyer, who deposits it in an Escrow account. The attorney then deducts case expenses and legal costs as per the representation agreement, and then provides the injured person with compensation.

To win a medical malpractice attorneys negligence lawsuit, a patient must prove that a physician or other healthcare provider breached their duty of care by not demonstrating the required level of knowledge and expertise in their area of expertise. They must also prove that the victim suffered harm due to the violation.

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 that hears cases. In limited circumstances the case of medical malpractice can be transferred to one of these courts. In the United States, physicians carry medical malpractice insurance to safeguard themselves from claims of injury that was not intended. Physicians need to understand the structure and functioning of our legal system to be able to react appropriately in the event of there is a case brought against them.