Medical Malpractice Litigation

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

In order to obtain the financial compensation sought in a malpractice lawsuit, an injured patient must prove that substandard medical treatment caused injury. This involves establishing four legal elements such as a professional obligation and breach of duty, injury, and resulting damages.

Discovery

One of the most important elements of a medical negligence investigation is obtaining evidence by means of written interrogatories and requests for the production of documents. Interrogatories are questions that need to be answered under swearing by the opponent to the lawsuit. They are used to establish the facts needed to be presented at trial. Documents that are requested to be produced permit tangible evidence to be obtained such as medical records or test results.

In many cases your attorney will record the deposition of the accused physician in an recorded session of questions and answers. This allows your attorney to ask the witness or physician questions that would not have been permitted during trial. It can be very beneficial in cases that involve expert witnesses.

The information you gather during pretrial discovery will be used to prove your claim in court.

Infraction to the standard of care

Injuries resulting from a breach of the standard care

Proximate causation

A doctor's inability to use the level of competence and expertise of physicians in their field of specialty and that proximately resulted in injury to a patient

Mediation

While medical malpractice lawyer malpractice cases are sometimes necessary, they have significant negatives for both sides. The cost, stress and time commitment required for a trial can have a negative effect on plaintiffs. For defendant health professionals, a trial could result in humiliation as well as a loss of prestige. It can also have detrimental effects on their career and practice because the monetary payments they make as part of a settlement prior to trial are reported to national databases for practitioners, state medical licensing board and the medical societies.

Mediation is a cost-effective time-efficient, risk-effective, and efficient method of settling cases of medical negligence. The parties can negotiate more freely when they avoid the costs of a trial and the potential for jury verdicts to be diminished.

Both parties must provide a brief description of the case for the mediator prior to mediation (a "mediation brief"). Parties will usually permit their communication to be done through their lawyer, rather than directly between themselves at this stage because direct communications could be used against them later in court. As the mediation progresses it is best to focus on the strengths of your case, and be prepared to acknowledge its weaknesses, as well. This will enable the mediator to fill any gaps and give you a reasonable offer.

Trial

The goal of reformers in tort law is to create a system that compensates those who suffer injury due to medical negligence in a timely manner and without cost. While this is a problem however, many states have implemented tort reform measures to cut costs and prevent frivolous medical malpractice claims.

The majority of physicians in the United States carry malpractice insurance to safeguard themselves from allegations of professional negligence in medical instances. Some of these policies are required as a condition of hospital privileges or employment with a medical organization.

In order to be able to claim the financial compensation for injuries caused due to the negligence of a physician, the victim must establish that the physician did not adhere to the standards of care applicable in the area of expertise he or she practices. This concept is known as proximate cause, and is an important part of a medical malpractice lawsuit.

A lawsuit begins with the filing of a civil summons and complaint in the court of your choice. Once this has been completed the parties must then engage in an exchange of information. This includes written interrogatories, as well as the production of documents, such as medical records. Also, depositions (deponents are interrogated by attorneys under an oath) and requests for admission which are statements made by one side that the other wishes the other to admit, either in full or in part.

The burden of proving medical malpractice cases is extremely heavy and the damages awarded take into account the actual economic loss such as lost earnings and the costs of future medical treatment and non-economic losses like suffering and pain. It is important to work with an experienced lawyer when you are pursuing 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 victim receives an amount of money, which is paid to the plaintiff's lawyer, who deposits it in an account for escrow. The lawyer then deducts the case costs and legal fees according to the representation agreement, and gives the injured patient their payment.

To prevail in a medical malpractice lawsuit, a patient must show that a doctor or other healthcare provider breached their duty of care by failing to demonstrate the required level of knowledge and expertise in their area of expertise. They must also show that the victim suffered injury because of the breach.

In the United States, there are 94 federal district courts which are similar to state trial courts. Each of these courts has an ad-hoc jury and judge panel that decides cases. In certain situations the case of medical negligence could be transferred to one of these federal district courts. In the United States, physicians carry medical malpractice insurance as a way to safeguard themselves against claims of injury that was not intended. Physicians need to understand the structure and workings of our legal system in order to react appropriately if a claim is brought against them.