Medical Malpractice Litigation

Medical malpractice lawsuits are complex and time-consuming. It is also costly for both the plaintiff and defendant.

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

Discovery

The most important element of a case involving medical negligence is gathering evidence. This can be accomplished via written interrogatories, or requests for documents. Interrogatories are inquiries that have to be answered under oath by the opposing party to the lawsuit. They are used to establish the facts needed to be used in trial. Demands for the production of documents permit tangible evidence to be retrieved for example, gardendale medical malpractice lawsuit records or test results.

In many instances, your lawyer will attend the defendant's deposition which is a recorded question and answer session. This permits your attorney to ask the doctor or witnesses questions that would not be allowed at trial and can be extremely effective in a case with expert witnesses.

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

Breach of the standard of care

Injury caused by the violation of the standard of care

Proximate cause

Failure of a doctor to use the level of competence and expertise of doctors in their field and which caused injury or harm to the patient

Mediation

Medical malpractice trials are important, but they also come with numerous disadvantages. The cost, stress and time commitment required by a trial can have a negative effect on plaintiffs. For health professionals who are defendants, a trial can result in humiliation and loss of credibility. It can also have detrimental impacts on their professional career and practice because the monetary payments they receive as part of a settlement prior to trial are recorded in national databases of practitioner and the state medical licensing board, and medical societies.

Mediation is the most cost-effective, time-efficient and efficient method of settling an injury claim. Eliminating the expense of trial and the risk of loss of jury verdicts, mediation allows both parties to be more flexible in settlement negotiations.

Before mediation, both parties provide the mediator with a brief of information on the case (a "mediation brief"). At this stage, the parties will typically communicate via their lawyer, not directly. Direct communication can be used as evidence against them in court. As the mediation continues, it is a good idea to focus on the strengths of your case, and be prepared to recognize its weaknesses as well. This will help the mediator to solve any gaps in understanding and offer you reasonable offers.

Trial

The goal of tort reformers is to develop a system that compensates those who have been injured by medical negligence quickly and without cost. While this is a challenge some states have enacted tort reforms to reduce the cost of medical malpractice claims.

The majority of doctors in United States have malpractice insurance as a way of safeguarding themselves from claims of professional negligence. Some of these policies may be required by a medical or hospital group to be a condition of the right to practice.

In order to receive compensation for injuries resulting from negligence of a medical professional, the injured patient must prove that the doctor did not meet the standards of care applicable to the field of work in which he or she is employed. This is referred to as proximate causation and it is an essential element in a medical malpractice case.

A lawsuit starts with the filing of an civil summons and complaint with the appropriate court. Once this has been completed the parties must then engage in the process of disclosure. This can be done through written interrogatories, and the production of documents, including medical records. Also, it involves depositions (deponents are challenged by attorneys under oath) and requests for admission which are declarations that one side wants the other side to admit in total or in part.

The burden of proving medical malpractice cases is very high and the damages awarded are calculated based on both actual economic loss like lost income, the expense of future medical expenses and noneconomic losses such as suffering and pain. It is important to consult with an experienced lawyer when you are trying to file a medical malpractice lawsuit.

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 an amount of money that is then paid to the plaintiff's lawyer, who then deposits it into an escrow account. The lawyer deducts the legal fees and expenses in accordance with the representation agreement. He then gives the injured patients their 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 show the required level of expertise and competence in their area of expertise. They must also prove that the victim suffered injury because of the violation.

The United States has a system of 94 federal district courts, which are essentially state trial courts. And each court has jurors and judges which decides on cases. In certain situations, attorneys a medical malpractice case may be transferred to one of these courts. In the United States, physicians carry medical malpractice insurance to protect themselves from lawsuits for harm caused by negligence. Physicians should be aware of the nature and workings of our legal system to ensure they can respond appropriately to a claim brought against them.