Medical Malpractice Law

Medical malpractice cases are characterized by injuries that result from a healthcare professional's negligence. There are numerous laws that apply to such cases and include statutes of limitation and damages.

Medical malpractice occurs when a doctor or hospital professional fails to treat someone with the same level of care that other physicians could provide in similar circumstances. Examples of malpractice include misdiagnosis, surgical errors and birth injuries.

Complaint

Medical malpractice is a distinct section of tort law which addresses professional negligence. It is defined as an act or omission committed by an individual doctor that is contrary to the accepted norms in the medical profession, causing injuries to patients [22].

If you are injured by hospital negligence, your claim begins with filing a complaint in civil court. In this document, you state the main facts of your case. You should also mention the hospital you worked in and any doctors who were involved with your case. You may want to make an agreement in advance that no health care providers are mentioned in the lawsuit. This is referred to a "no name agreement".

Then you list the injuries as well as the dollar value associated with each one. This includes future and past medical expenses, loss of income due to being unable to work or perform work, pain and suffering and any other losses that you've suffered as a result of the doctor's error. It is imperative to give these documents to your attorneys in the earliest time possible to allow them to begin an exhaustive review.

Summons

If you believe that you've been injured by medical malpractice, your lawyer prepares a summons and complaint and has them filed with the court. The clerk of the court then assigns a unique identifying code to the case. The identifier used is known as the index number and it will be used to track the case as it winds its way through the courts.

A lawsuit will require a significant amount of time, effort, and money by the attorney representing the plaintiff. These funds are required to finance legal discovery and medical malpractice to procure expert physician witnesses. Even in the event that a medical malpractice case is unsuccessful, the lawyer will have invested lots of time and effort.

A lawsuit must establish that the health care professional violated a legal obligation and caused injury to the plaintiff and the harm is serious enough to warrant legal recourse. In the United States, a patient must be able to prove four elements or requirements to be able to bring a valid medical malpractice claim: the existence of a duty, a breach of duty; damages; and causation. Medical malpractice claims are governed under state law. However in certain specific circumstances the matter may be transferred to federal district court.

Discovery

When a complaint as well as civil summons are filed with the proper court the formal discovery process begins. Your medical malpractice lawyer will spend much of the time gathering evidence for the case. This includes reviewing medical records with the assistance of a medical review company.

This is an important step in the legal process, since it can help your attorney uncover vital details to support your claim. But, it's also one of the longest-running aspects of a medical malpractice lawsuit.

In the pre-trial discovery phase, your attorney will request certain documents and interrogatories from defendants in your case. The defendants will have the opportunity to answer these questions. These questions are oath-bound and you have to answer them in a truthful manner. Defendants may also make use of these questions to present defenses in your case. It is crucial to find a medical malpractice lawyer with experience. They can ensure that all necessary evidence is presented in a manner that is simple for jurors and judges to be able to comprehend.

Request for Admission

Many states require that patients injured in a case of medical malpractice submit their case to a panel made up of medical experts. The panel of experts will evaluate the evidence and witness statements and listen to arguments to determine if the claim is valid. The statute of limitations is a law that requires medical malpractice lawsuits to be filed in court within a predetermined timeframe.

In order for a patient's legal team to be able to present a medical negligence claim, it has to be shown that the health care professional was not in compliance with the accepted standards of care in his or her specific area of expertise. This is often referred to as the standard of care yardstick, and it is essential that the injured patient's legal team can pinpoint specific examples of deviation from the standard of care.

Trial

To prove malpractice the patient must establish that: (1) the doctor was obligated to her by a professional duty of care; (2) the physician violated this duty by not adhering to the standard of care; (3) this breach caused injury; and (4) the injuries resulted in damages. This last element requires expert medical opinions to help the jury understand the applicable medical standards. It can be challenging for a victim of injury and her legal team to bridge the gap between their own knowledge and experience, and the highly-specialized and expert skills and knowledge required to determine malpractice.

Malpractice claims can be filed in the state trial court, which is able to handle the case. However, in certain circumstances, they can also be filed in federal district courts. Both trial courts are subject to the same laws as other civil litigants. When depositions are conducted by defendant doctors, attorneys from both sides ask questions. After direct examination, the opposing attorney may cross-examine the witness physician. The process continues until both sides have exhausted their questions.