Medical Malpractice Litigation
Medical malpractice litigation can be complicated and time-consuming. Both plaintiffs and defendants are also required to pay a substantial cost.
In order to receive the financial compensation sought in a malpractice lawsuit, the injured patient must prove that inadequate medical treatment led to injury. This requires establishing four pillars 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 investigation is obtaining evidence by means of written interrogatories as well as requests for the production of evidence. Interrogatories consist of questions that the opposing party must answer under oath. They are utilized to establish the facts that will be presented in court. Requests for documents can be used to obtain tangible items, like medical records and test results.
In many instances, your lawyer will be able to take the defendant’s deposition that is an audio recording of a question and answer session. This permits your lawyer to ask the physician or witness questions that would not be allowed at trial and can be very effective in cases with expert witnesses.
The information gathered during pretrial discovery is used at trial to prove the following elements of your claim:
Breach of the standard care
Injuries resulting from a breach of the normal care
Proximate causation
A doctor’s failure to use the level of competence and expertise of doctors in their area of specialization, and which proximately caused injury to the patient
Mediation
Although medical malpractice trials are sometimes essential, they also have major negatives for both sides. For plaintiffs, the stress, expense and the time commitment associated with a trial can have a negative psychological impact on them. For defendant health care professionals trial may result in humiliation and loss of prestige. It could also have negative effects on their profession and practice because monetary payments made as part of a pretrial settlement are typically reported to national databanks for practitioners, state medical licensing boards, and medical societies.
Mediation is a cheaper, time-efficient, and risk-effective option to settle an issue involving medical malpractice. The cost of trial and avoiding loss of jury verdicts, mediation allows both parties to be more flexible in settlement negotiations.
Before mediation, both parties provide the mediator with brief information about the case (a “mediation brief”). At this point, parties will usually communicate through their lawyer, not directly with each other. Direct communication could be used as evidence against them in court. As the mediation continues, it is a good idea to focus on the strengths of your case and be prepared to recognize its weaknesses as well. This will enable the mediator to fill any gaps and offer you an appropriate offer.
Trial
Tort reformers aim to create a system which compensates those who are injured due to negligence of a physician quickly and with minimal expense. Numerous states have implemented tort reform measures to reduce costs, and to stop frivolous claims for medical malpractice.
Most doctors in the United States carry malpractice insurance to safeguard themselves against claims of professional negligence medical cases. Some of these policies might be required by a hospital or medical group as a condition of permissions.
In order to receive monetary compensation for injuries caused by negligence of a medical professional the injured patient must establish that the physician did not adhere to the applicable standard of care in the field of expertise they practice. This is referred to as proximate cause, and is a crucial element of a medical malpractice claim.
A lawsuit is initiated when a civil summons has been filed in the appropriate court. After this, both parties must engage in a process of disclosure. This includes written interrogatories, as well as the creation of documents such as medical records. Depositions (in which attorneys question deponents under the oath) and requests for admission are also involved.
The burden of proving a medical malpractice case is extremely high, and the damages awarded will take into consideration the actual economic loss, such as lost earnings and the expense of future medical expenses and noneconomic losses such as pain and suffering. When pursuing a claim for medical malpractice, it’s important to hire an experienced attorney.
Settlement
Settlements are the most popular 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 an award to the injured patient, which is then given to the lawyer of the plaintiff who then deposits it into an Escrow account. The lawyer then deducts the case expenses and legal fees per the representation agreement, and gives the injured patient their compensation.
To prevail in a medical malpractice law firms negligence case, the patient who has suffered must establish that a physician or other healthcare provider was bound by a duty of care, breached this duty by failing use the appropriate degree of knowledge and expertise in their field, and that in the proximate consequence of that breach, the victim suffered injury, and these damages are quantifiable by the amount of money lost.
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 which hears cases. In limited circumstances the case of medical malpractice may be moved to one of these courts. Physicians in the United States typically carry medical malpractice insurance to safeguard themselves against claims of intentional harm or wrongdoing. Medical professionals should be aware of the structure and functioning of the legal system so that they are able to respond properly to any claim made against them.
