Medical Malpractice Litigation

Medical malpractice lawsuits are complex and time-consuming. Both plaintiffs and defendants are also required to pay a substantial cost.

In order to receive financial compensation in a medical malpractice lawsuit, an injured patient must prove that substandard medical treatment led to injury. This requires establishing four legal elements which include professional duty and breach of that duty inflicting injury, and the resulting damages.

Discovery

The most important aspect of a case involving medical malpractice settlement negligence is gathering evidence. This can be done by means of written interrogatories or requests for documents. Interrogatories are questions that need to be answered under an oath by the opposition to the lawsuit. They can be used to establish facts for presentation at trial. Requests for documents can be used to obtain tangible items, for example, medical records and test results.

In many cases your attorney will record the deposition of the accused physician, which is an audio recording of questions and answers. This permits your attorney to ask the doctor or witnesses questions that might not be allowed during trial. It can be very effective in a case with expert witnesses.

The information gathered during pretrial discovery will be used to support your claim in court.

Breach of the standard of care

Injuries that result from a violation of the standard of care

Proximate cause

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

Mediation

While medical malpractice cases are sometimes required, they do have some significant negatives for both sides. The cost, stress and time commitment required for a trial can have a negative impact on plaintiffs. A trial can lead to humiliation and loss of prestige for health professionals who are defendants. It could also have negative effects on their career as well as practice since the financial payments they make as part of settlements prior to trial are reported to national databases of practitioners, state medical licensing board and the medical malpractice lawyer societies.

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

Before mediation, both sides will provide the mediator Medical Malpractice Litigation with an outline of the facts of the case (a "mediation brief"). The parties typically allow their communication to pass through their lawyer instead of directly between themselves at this point because direct communications could be used against them later in court. As the mediation proceeds it's best to concentrate on your case's strengths, and be willing to admit its weaknesses. This will help the mediator to solve any gaps in understanding and give you an acceptable proposal.

Trial

The goal of tort reformers is to devise a system that compensates those who suffer injury due to medical negligence in a timely manner and without cost. Many states have adopted tort reform measures to reduce costs and also to prevent frivolous claims arising from medical malpractice.

Most physicians in the United States carry malpractice insurance to cover themselves against accusations of professional negligence in medical instances. Some of these policies are required as a condition for hospital privileges or employment with a medical group.

In order to receive monetary compensation for injuries caused by a medical practitioner's negligence, an injured patient must establish that the physician did not adhere to the standards of care applicable in his or her field. This concept is known as proximate cause, and is an important part of a medical malpractice lawsuit.

A lawsuit is initiated when an order for civil summons is filed with the court of your choice. Once this is complete both parties must engage in an act of disclosure. This can be done through written interrogatories, as well as the production of documents such as medical record. Depositions (in which lawyers question witnesses under an oath) as well as requests for admission are also involved.

The burden of proof in medical malpractice cases is extremely high. The damages awarded are calculated based on the actual economic loss like lost income and the cost of future medical care as well as non-economic losses, such suffering and pain. It is essential to consult with an experienced attorney when pursuing a medical malpractice settlement malpractice claim.

Settlement

Settlements are the most common 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 victim is awarded an amount of money, which is paid to the plaintiff lawyer, who then deposits it into an escrow account. The attorney then deducts case expenses and legal fees per the representation agreement, and then provides the injured person with compensation.

To win a medical malpractice case the aggrieved patient has to prove that a physician or other healthcare provider was bound by a duty of care, but violated that duty by failing apply the necessary level of knowledge and expertise in their field, that as a proximate result of the breach, the victim suffered injuries, and that those injuries can be quantified in terms of monetary losses.

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 certain situations the medical malpractice case may be transferred to one of these courts. Physicians in the United States typically carry medical malpractice insurance to safeguard themselves against claims of unintentional harm or wrongdoing. Medical professionals should be aware of the nature and workings of the legal system so they can respond properly to any claim made against them.