Medical Malpractice Law
Medical malpractice cases involve injuries that result from a medical professional’s negligence. There are a variety of laws that govern these cases which include statutes of limitations and damages.
The term “malpractice” refers to situations where an individual is not treated with the same level of care that other doctors would in similar situations. Examples of malpractice are misdiagnosis, birth injuries and surgical errors.
Complaint
Medical malpractice is a particular section of tort law which deals with professional negligence. It is defined as an act or omission of the doctor that goes against the accepted norms of the medical malpractice attorneys profession and causes injury to patients [2223.
If you’ve suffered injuries due to hospital negligence, your claim begins with filing a complaint in the civil court. In this document, you provide the details of your case. You must also identify the hospital you worked in and any doctors involved with your case. You may want to stipulate in advance that no health professionals are included in the lawsuit. This is known as a “no name agreement”.
You should then list your injuries and the dollar amounts for each one. These include past and future medical expenses, income loss because you are unable to work or work, as well as pain and suffering, and any other losses you’ve suffered as a result of the doctor’s error. It is imperative to give these documents to your lawyers in the earliest time possible to allow them to begin an exhaustive review.
Summons
If you suspect that you’ve been injured as a result of medical negligence, your lawyer drafts an accusation and summons and has them filed with the court. The clerk of court assigns an unique number to the case. This identifier is known as the index number and it will follow the case as it winds its way through the courts.
A lawsuit requires substantial time, effort, and money by the attorney representing the plaintiff. These resources are needed to fund legal discovery, and to pay for expert medical witnesses. Even when the medical malpractice claim is unsuccessful, it will have still cost the attorney an enormous amount of time and product.
A lawsuit must prove that the health care professional violated a legal obligation and caused an injury to the person who filed the claim and the damage is serious enough to warrant legal recourse. In the United States, a patient must prove four elements or legal requirements for a valid medical malpractice claim: the existence of a duty; a breach of duty; causation; and damages. Medical malpractice claims are governed under the law of the state. However in certain situations the matter may be transferred to a federal district court.
Discovery
After a complaint and civil summons have been filed with the proper court the formal discovery process begins. Your medical malpractice lawyer will be spending many hours collecting evidence for the case. This could include reviewing medical records through the services of a medical review firm.
This is a crucial step in the legal process, as it can assist your attorney discover vital evidence to prove your claim. However, it is also one of the most time-consuming components of a medical malpractice attorney malpractice lawsuit.
In the pre-trial discovery phase of your case, your lawyer will be asking the defendants for specific documents and answers. The defendants will then be given the opportunity to respond to these requests. These questions are posed under the oath of the defendant and must be answered honestly. Defendants may 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 of the necessary evidence is presented in a way that is simple for juries and judges be able to comprehend.
Request for Admission
Many states require that those injured in a medical malpractice case submit their case to a panel consisting of medical experts. These experts will review the evidence and witness statements and examine arguments to determine whether the claim is legitimate. The statute of limitations is an act that requires medical malpractice lawsuits to be filed in court within a predetermined time frame.
To prove medical malpractice, a lawyer for the patient must show that the healthcare professional failed to adhere to the accepted standard of practice in their specialization. This is often referred to as the standard of care, and it’s vital that the patient’s legal team is able to identify specific instances of a deviation from this standard of care.
Trial
To prove that a doctor committed malpractice the patient must show that: (1) the doctor was bound by a professional duty of care; (2) the physician did not fulfill this duty, by breaking the standard of care; (3) this breach resulted in injury, and (4) the injury caused damages. This last requirement requires expert medical opinion testimony to assist the jury in understanding the applicable medical standards. It is often difficult for an injured patient and her legal team to bridge the gap between the knowledge and experience of the typical juror and the specialized knowledge and expertise required to determine if there is a case of malpractice.
Malpractice claims can be filed in the state trial court that has jurisdiction over the case. However, in certain circumstances, they can also be filed at federal district courts. Both trial courts follow the same rules as other civil litigants. In depositions of defendant physicians, the attorneys from both sides will ask questions. After a direct examination the opposing attorney is able to question the testifying physician. The procedure continues until both sides have exhausted their questions.