Guide to Medical Malpractice
Medical malpractice claims are generally filed in a state trial court, although they can also be filed in federal court if there is a specific violation of federal medical malpractice law. Medical malpractice law is a part of civil law, not criminal law, and claims are adjudicated by a jury. It is initiated on behalf of the victim and can severely injure or even be fatal in certain situations. The process of preparing for a medical malpractice trial is called ‘discovery’. In the United States, depositions are part of the discovery process, which collect information that will be used at trial. The testimony by deposition is conducted under oath according to Federal Rules of Civil Procedure. A patient’s attorney files a notice of deposition with the defense attorney, and the two parties agree on a convenient time and location for depositions to take place.
When can you file Medical Malpractice lawsuit?
A patient can file a medical malpractice claim if they believe that their physician has breached their duty of care. To make a successful medical malpractice claim, a patient must show that the physician violated the duty of care and acted negligently, which resulted in harm to the patient.
Medical malpractice can also occur when doctors fail to diagnose a patient properly. This can lead to life-threatening complications. For example, a patient may receive the wrong type of surgery for a serious condition. A wrong diagnosis can result in unnecessary medical procedures and unnecessary medications. A doctor’s failure to accurately diagnose a patient may result in permanent organ damage – severe cases, permanent brain damage. This is a form of medical malpractice that affects millions of people each year.
Sometimes, a patient may have a valid malpractice claim even if the surgical procedure is unnecessary. For a patient to succeed in a medical malpractice lawsuit, they must prove that the surgeon performed the surgery negligently and did not follow the appropriate medical standard of care. In addition, they must show that a competent surgeon would have performed the procedure in the same manner. An experienced medical expert can also help with the process of proving negligence.
Medical Malpractice Attorneys
Medical malpractice cases can be difficult to win. Sometimes, the mistake is seen immediately, while in other scenarios the error might not be apparent until later. In either case, the patient should seek legal representation as the plaintiff of the lawsuit. A medical malpractice attorney will evaluate the injury from all perspectives. If the injuries are relatively minor, it may be better to pursue a lower settlement to avoid the high costs of litigation. When this is the case, the patient should carefully consider the potential compensation based on the severity of the injury.
Various reforms have been proposed in the US healthcare system to reduce costs. One such reform is an alternative tort liability system, which involves a less formal process and a professional decision-making body. This system aims to streamline the processing of negligence claims, eliminate overly generous juries, and screen out non meritorious claims. Another alternative dispute resolution process is voluntary binding arbitration. In this process, the parties agree to arbitrate a dispute before an impartial third party. In most cases, the decision of the arbitrator is final.
At JIMENEZ, HART, MAZZITELLI & MORDES, our experienced attorneys can help you evaluate your case in order to determine your options. Contact us today to schedule your free consultation.
No Fees or Costs Unless we Win your Personal Injury Case!