Medical Malpractice Litigation

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

To receive compensation in the form of monetary damages for malpractice, a patient must prove that the negligent medical treatment he received led to his injury. This requires establishing four legal elements such as a professional obligation and breach of duty inflicting injury, and the resulting damages.

Discovery

The most important part of a case involving medical negligence is the gathering of evidence. This can be accomplished via written interrogatories, or requests for documents. Interrogatories consist of questions that the opposing party has to answer under oath, and are used to establish facts that can be presented in court. Requests for documents are used to request tangible items, such as medical records and test results.

In many instances, your lawyer will attend the defendant's deposition, which is recorded as a question-and-answer session. This permits your lawyer to ask the physician or witness questions that would not be permitted at trial. This is extremely 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

Injury resulting from a breach of the standard of care

Proximate cause

Inability of a doctor to utilize the level of expertise and knowledge held by doctors in their field, and that resulted in injury or harm to the patient

Mediation

Medical malpractice trials are necessary but they also have many drawbacks. The cost, stress and time commitment required for a trial can have a negative impact on plaintiffs. For health professionals who are defendants, a trial can result in humiliation and a loss of prestige. It can also lead to adverse effects on their career and practice since the financial settlements made as part of a pretrial settlement are typically reported to national practitioner databanks as well as state medical malpractice attorney licensing boards, and medical societies.

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

Both parties must provide brief details of the case to the mediator prior to mediation (a "mediation short"). The parties typically allow their communication to pass through their lawyer rather than directly between themselves at this point, as direct communications can be used against them later in court. As the mediation process progresses it's a good idea to concentrate on your case's strengths, and be ready to acknowledge your case's weaknesses. This will enable the mediator to make sense of any gaps and make an acceptable proposal.

Trial

Tort reformers aim to create an insurance system that compensates people hurt by negligence caused by doctors quickly and without huge costs. Many states have implemented tort-reform measures to reduce costs and stop the filing of frivolous claims for medical malpractice.

The majority of doctors in United States have malpractice insurance as a means of protecting themselves from claims of professional negligence. Some of these policies are required as a condition of hospital privileges or employment in a medical group.

In order to be able to claim monetary compensation for injuries caused by negligence of a medical professional, an injured patient must establish that the physician didn't meet the appropriate standard of care in the field of expertise they practice. This is referred to as proximate causation and is a crucial element of the medical malpractice claim.

A lawsuit starts with the filing of a civil summons as well as a complaint with the appropriate court. Once this is complete, both sides must engage in a process of disclosure. This can be done through written interrogatories, as well as the production of documents, like medical record. Depositions (in which lawyers question witnesses under the oath) and requests for admission are also involved.

In a case of medical malpractice, the burden of proof is high. Damages are awarded based upon both economic losses (such as lost income or the cost of future medical treatment) and noneconomic damages such as pain and discomfort. It is crucial to work with a seasoned lawyer when you are seeking a medical malpractice claim.

Settlement

Settlements are the most popular way 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 result is a check for the patient, which is then paid to the plaintiff's lawyer who deposit it into an Escrow account. The lawyer then deducts the case expenses and legal costs as per the representation agreement, and then pays the injured person payment.

In order to win a medical malpractice case, the patient who is suffering from it must prove that a physician or other healthcare provider owed them a duty of care, and then violated the duty by failing to exercise the requisite degree of knowledge and competence in their field, and that as a proximate result of that breach, the victim suffered injuries, and that these injuries can be quantified by the amount of money lost.

In the United States, there are 94 federal district court systems 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 the medical malpractice case may be transferred to one of these courts. Physicians in the United States typically carry medical malpractice insurance to protect themselves from claims of accidental harm or wrongdoing. Physicians must understand the nature and function of our legal system in order to react appropriately if an action is filed against them.