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Medical Malpractice Litigation

Medical malpractice litigation is a complex and time-consuming. Both defendants and plaintiffs are also required to pay a high cost.

In order to receive compensation for negligence, a patient must demonstrate that the substandard medical treatment caused their injury. This involves establishing four elements of law that include a professional obligation breach of this duty, injury and resulting damages.

Discovery

One of the most crucial elements of a medical negligence case is the collection of evidence through written interrogatories and requests for production of documents. Interrogatories are inquiries that have to be answered under oath by the opposing party to the lawsuit. They are used to establish facts to be used in trial. Requests for documents can be used to get tangible documents, such as medical records and test results.

In many instances, your lawyer will attend the defendant's deposition, which is an audio recording of a question and answer session. This allows your attorney to ask the doctor or witness questions that wouldn't be allowed at trial. It can be extremely effective in cases with expert witnesses.

The information you gather during pretrial discovery is used in trial to establish the following elements of your claim:

Breach of the standard care

Injuries caused by a breach of the standard care

Proximate cause

A doctor's inability to use the level of knowledge and skill held by physicians in their field of specialty and that proximately resulted in injury to a patient

Mediation

Medical malpractice trials can be important, but they also come with numerous disadvantages. For plaintiffs who are facing a lawsuit, the stress, expense and the commitment to trial can result in a negative psychological impact on them. For defendant health professionals trials can cause humiliation and loss of respect. It can also result in negative consequences for their profession and practice because the financial benefits received as part of a pretrial settlement are usually reported to national databanks for practitioners as well as state medical licensing boards, and medical societies.

Mediation is a cheaper and time-efficient way to resolve the medical malpractice case. The parties are able to negotiate more freely as they avoid the costs of a trial and the possibility of jury verdicts to be eroded.

Before mediation, both parties provide the mediator with a brief of information on the case (a "mediation brief"). The parties usually allow their communication to pass through their lawyer rather than directly between themselves at this point because direct communications could be used against them later in court. As the mediation progresses it is recommended to concentrate on the strengths of your case, and also be prepared to acknowledge its weaknesses, as well. This will assist the mediator to overcome any misunderstandings and provide you with reasonable offers.

Trial

The aim of reformers working on torts is to devise a system to compensate those who are injured by physician negligence in a timely manner and at a reasonable cost. Although this is a difficult task however, many states have implemented tort reform measures to reduce costs and prevent frivolous medical malpractice claims.

The majority of doctors in the United States have malpractice insurance to protect themselves from claims of professional negligence. Certain of these policies are required to be carried out as a condition of hospital privileges or employment within a medical company.

In order to receive the financial compensation for injuries caused due to the negligence of a physician, an injured patient must prove that the doctor didn't meet the standards of care applicable in the field of expertise they practice. This is referred to as proximate causation, and is a crucial element in a medical malpractice case.

A lawsuit begins with the filing of a civil summons as well as a complaint in the appropriate court. Once this has been completed, both sides must engage in the process of disclosure. This can be done through written interrogatories, as well as the production of documents, such a medical records. Depositions (in which attorneys ask deponents under an oath), and requests for admission are also involved.

In a case of medical malpractice the burden of proof is high. Damages are determined based on economic losses (such as lost income or the cost of future medical treatment) and non-economic damages, such as discomfort and pain. It is essential to work with an experienced attorney when seeking a medical malpractice claim.

Settlement

Settlements are the most commonly used 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 injured patient receives a check that is then paid to the plaintiff's lawyer, who then deposits it into an account for escrow. The lawyer deducts legal fees and costs according to the representation agreement and then pays the injured patients compensation.

In order to prevail in a medical malpractice lawsuit, an aggrieved patient must prove that a physician or other healthcare provider owed them a duty of care, breached the duty by failing to perform the required level of knowledge and skill in their field, that in direct consequence of that breach, the patient suffered injuries, and that those damages are quantifiable by the amount of money lost.

The United States has a system of 94 federal district courts, which are essentially state trial courts, and each of these courts has an appointed judge and jury panel which hears cases. In limited circumstances the medical malpractice case may be moved to one of these courts. In the United States, physicians carry medical malpractice insurance to protect themselves from claims of injury that was not intended. Physicians must understand the structure and workings of our legal system in order to be able to react appropriately in the event of a claim is brought against them.