paramus medical malpractice attorney Malpractice Litigation

Medical malpractice lawsuits are complex and time-consuming. It can be costly for both the plaintiff as well as the defendant.

In order to obtain an award of money in a malpractice lawsuit, the injured patient must prove that inadequate medical treatment caused injury. This requires establishing four legal elements that include a professional duty and breach of that duty inflicting injury, and the resulting damages.

Discovery

One of the most important elements of a medical negligence case is obtaining evidence via written interrogatories as well as requests for the production of evidence. Interrogatories consist of questions that the opposing party must respond to under oath. They can be used to establish facts that can be presented in court. Demands for the production of documents permit tangible documents to be obtained, such as medical records or test results.

In many instances, your lawyer will take the defendant physician's deposition that is recorded as a question and answer session. This permits your attorney to ask the witness or doctor questions that would not have been permitted during trial. It can be very helpful in cases involving expert witnesses.

The information gathered during pre-trial discovery is used at trial to prove the following components of your claim:

Infraction to the standard of care

Injury resulting from a breach of the standard of care

Proximate causation

Failure of a doctor to apply the competence and expertise of doctors in their field and that resulted in injury or injury to the patient

Mediation

Although medical malpractice trials can be required, they come with significant drawbacks for both parties. The cost, stress and time commitment that a trial requires can have a negative impact on plaintiffs. For defendant health care professionals trials can result in humiliation as well as a loss of credibility. It could also have negative consequences for their careers and practice, since the monetary payments they receive as part of a settlement before trial are recorded in national databases of practitioner, state medical licensing board, lawsuit and medical society.

Mediation is the most cost-effective, efficient, and risk-free method of settling a medical malpractice claim. The cost of trial and the risk of eroding jury verdicts allows both parties to be more flexible in settlement negotiations.

Both parties must give a brief summary of the dispute to the mediator prior to mediation (a "mediation brief"). The parties typically allow their communication to go through their lawyer, rather than directly between themselves at this stage as direct communication could be used against them later in court. As the mediation progresses it is recommended to focus on the strengths of your case, and also be prepared to acknowledge its weaknesses, as well. This will enable the mediator to fill any gaps and give an acceptable offer.

Trial

The goal of reformers working on torts is to devise a system to compensate those who suffer injuries due to physician negligence quickly and without a large cost. Many states have adopted tort reform measures to cut costs and stop the filing of frivolous claims for medical malpractice.

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

In order to be able to claim an amount of money for injuries sustained due to the negligence of a physician, the victim must establish that the physician did not meet the applicable standard of care in the field of expertise they practice. This is referred to as proxy causation and is an important element of a medical malpractice case.

A lawsuit begins with the filing of a civil summons or complaint in the appropriate court. After this is done both parties must engage in the process of disclosure. This involves written interrogatories as well as the issuance of documents, like medical records. Depositions are also involved (deponents are confronted by attorneys under the oath) and requests for admission which are statements that one side would like the other to admit, either in full or part.

The burden of proving a medical malpractice case is very high and the damages awarded are based on the economic losses that are actual like lost income and the expense of future medical expenses as well as non-economic losses, such pain and suffering. In the event of pursuing a claim based on medical malpractice, it's important to work with an experienced attorney.

Settlement

Settlements are the most popular method 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 lawsuit alongside the defendant's malpractice/professional liability insurer). The patient who is injured receives a check and it is given to the plaintiff's lawyer who then deposits it into an Escrow account. The attorney deducts the legal costs and case expenses according to the representation agreement. Then, he gives the injured patients their settlement.

In order to win a medical malpractice lawsuit the plaintiff must demonstrate that a physician or other healthcare provider violated their duty of care by failing to demonstrate the required level of knowledge and expertise in their field. They must also prove that the victim suffered harm because of the violation.

The United States has a system of 94 federal district courts which are similar to state trial courts. And each of these courts has jurors and a judge that decides on cases. In certain situations cases, medical negligence could be transferred to one of the federal district courts. Physicians in the United States typically carry medical malpractice insurance to shield themselves against claims of unintentional harm or wrongdoing. Medical professionals should be aware of the structure and operation of our legal system to ensure that they can react appropriately to a lawsuit brought against them.