Medical Malpractice Law

Medical malpractice cases are injuries that result from the negligence of an healthcare professional. There are various laws regarding such cases, including specific statutes of limitation and damages.

Malpractice occurs when an individual is not treated with the same degree of care as other doctors in similar situations. Examples of malpractice are misdiagnosis surgical errors and birth injuries.

Complaint

Medical malpractice is a particular subset of tort law that is devoted to professional negligence. It is defined as an act or omission committed by an individual doctor that is contrary to the accepted norms within the medical community, causing injuries to a patient [2223.

If you've been injured as a result of hospital malpractice, your lawsuit starts by filing a complaint in the civil court. In this document you will state the facts of your case. You also list the hospital as well as any doctors who worked with you. Based on the circumstances, you may decide to make an agreement in advance that health care providers won't be identified individually in the lawsuit (this is known as "no-name agreements").

Then, you list the injuries as well as the dollar value associated to each. This includes past and future medical expenses, income loss because of being unable to work or perform work, pain and suffering and any other losses that you've experienced as a result of the doctor's misconduct. It is imperative to give these documents to your attorney as soon as possible to allow them to begin a thorough review.

Summons

If you believe that you've been injured due to medical malpractice, you lawyer will prepare a summons and complaint. They are then filed in the court. The clerk of court assigns an unique number to the case. This identifier is known as the index number and it will be used to track the case as it moves its way through the courts.

The lawyer of the plaintiff will devote many hours and effort, as well as money, to win an action. The funds needed are to fund legal discovery and to procure expert physician witnesses. Even the case of medical malpractice fails, the attorney will still have spent much time and effort.

A lawsuit must demonstrate that the health professional violated a legal duty; this breach caused harm to the patient; and the injury is serious enough to warrant legal recourse. In the United States, a patient must be able to prove four elements or requirements for a valid medical malpractice claim to be considered a valid one: the existence of a duty, a breach of duty; damages; and causation. Medical malpractice claims are covered by state law. However in certain specific circumstances the matter may be transferred to federal district courts.

Discovery

After a civil summons are filed with the appropriate court, the formal discovery process starts. This is the time when your medical malpractice lawyer will be spending a lot of time trying to gather evidence in the case. This may include reviewing medical records with the aid of a medical review company.

This is a crucial phase of the legal process because it will help your lawyer uncover vital details that support your claim. But, it's also one of the longest parts of a medical malpractice lawsuit.

During the pretrial discovery phase of your case, your attorney will request from the defendants specific documents and answers. The defendants will be given the opportunity to answer these questions. These questions are under oath and you must answer them truthfully. The defendants can also make use of these questions to present defenses in your case. This is why it is so important to hire an experienced medical malpractice lawyer. They will ensure that all the required evidence is presented in a way that is simple for juries and judges be able to comprehend.

Request for Admission

Before a medical malpractice suit can be filed, several states require that the injured patient present the case before an expert panel who will listen to arguments and scrutinize evidence and expert testimony in order to determine if the patient's claim has enough merit to proceed. The law also requires that medical malpractice cases be brought to court within a specified time period, known as the statute of limitations.

To prove medical malpractice, the lawyer of the patient must prove that the health professional did not adhere to the accepted standards of practice in their area of expertise. This is also referred to as the standard of the medical care yardstick. It's important that the legal team representing the injured patient is in a position to identify specific examples of deviations from this standard.

Trial

To prove that a doctor committed malpractice, a patient needs to demonstrate that: (1) the doctor had a professional obligation of care; (2) the physician breached this duty by violating the standard of care; (3) this breach resulted in injury; and (4) the injury caused damages. This last element requires expert medical opinions to assist the jury in understanding the applicable medical standards. It can be difficult for a victim who has been injured, as well as her legal team to bridge the gap between their general knowledge and experience and the highly specialized and professional expertise required to determine the 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 with federal district courts. Both trial courts follow the same laws as other civil litigants. Depositions of defendant physicians are generally held, during which time the attorneys from each side will inquire about the medical records of the defendant. After direct examination, the opposing attorney could cross-examine a doctor who testifies. The procedure continues until both parties have exhausted their questions.