medical malpractice attorneys Malpractice Litigation

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

To receive compensation in the form of monetary damages for malpractice, a patient must prove that the substandard medical treatment he received led to his injury. This requires establishing four legal elements which include professional duty, breach of duty or breach, injury, and damages.

Discovery

One of the most important parts of a medical malpractice case is obtaining evidence through written interrogatories as well as requests for the production of evidence. Interrogatories comprise of questions that the opposing party must respond to under oath, and are used to establish the facts that will be presented in court. Requests for documents can be used to get tangible items, like medical records and test results.

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

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

Breach of the standard of care

Injuries that result from a violation of the normal care

Proximate cause

Failure of a doctor to apply the expertise and knowledge of doctors in their field. This caused injury or harm to the patient

Mediation

Medical malpractice trials are essential, but they also have numerous disadvantages. The stress, expense and time commitment required for a trial can have a negative effect on plaintiffs. For defendant health care professionals trial may cause humiliation and loss of respect. It could also have negative effects on their career and practice as the monetary settlements they receive as part of a settlement prior to trial are reported to national practitioner databases as well as the state medical licensing board, and medical societies.

Mediation is a less costly and time-efficient method of settling cases of medical negligence. Parties can negotiate more freely since they don't have the cost of a trial and the risk of jury verdicts to be diminished.

Before mediation, both sides provide the mediator with a brief of information on the case (a "mediation brief"). At this point, parties will typically communicate via their lawyer, not directly. Direct communication can be used as evidence in court. As the mediation continues, it is best to concentrate on the strengths of your case, and be prepared to acknowledge its weaknesses as well. This will allow the mediator to fill the gaps and make you a reasonable offer.

Trial

The aim of reformers working on torts is to create an insurance system that compensates people who are injured by physician negligence in a timely fashion and without a large 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 have malpractice insurance to protect themselves from accusations of professional negligence. Some of these policies might be required by a hospital or medical group as a condition for the right to practice.

To receive compensation for injuries resulting from negligence by a medical professional, the injured person must prove that the doctor did not meet the standards of care applicable to the profession they practice. This concept is known as the proximate cause and is an important element of a medical malpractice case.

A lawsuit is initiated when a civil summons is filed in the court of your choice. After this the parties have to engage in a process of disclosure. This includes written interrogatories, as well as the creation of documents such as medical malpractice law firm records. Also, it involves depositions (deponents are interrogated by attorneys under an oath) and admission requests which are statements that one side would like the other side to admit in total or in part.

In a claim for medical malpractice the burden of proof is very high. Damages are awarded based on both economic losses (such as lost income or the costs of a future medical procedure) and non-economic damages such as pain and discomfort. In the event of pursuing a claim based on medical malpractice, it is essential to work with an experienced attorney.

Settlement

Medical malpractice lawsuits are settled through settlement. 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 given to the lawyer of the plaintiff who then deposits it into an Escrow account. The attorney then deducts case expenses and legal fees per the representation agreement, and the injured patient receives compensation.

To prevail in a medical malpractice lawsuit, a patient must prove that a physician or other healthcare provider violated their duty of care by failing to demonstrate the required level of expertise and skills in their field. They must also prove that the victim suffered harm due to the breach.

The United States has a system of 94 federal district courts which are the equivalent of state trial courts. And each court has an appointed judge and jury panel which hears cases. In certain instances a medical negligence case can be transferred to one of the federal district courts. In the United States, physicians carry medical malpractice insurance to safeguard themselves from lawsuits for harm caused by negligence. Physicians should understand the nature and workings of our legal system in order that they are able to respond appropriately to a lawsuit brought against them.