Medical Malpractice Litigation
Many fear that medical malpractice litigation is driving up the costs of health care around the country, but in actuality very few cases go to court and a majority of those that do are not found to be true cases of negligence. Thousands of victims each year experience some type of medical error. Costs add up in extra medical expenses, time off from work, pain and suffering, and in worst case scenarios, loss of life. Most are settled out of court. Lawyers are very selective about which cases to handle, choosing to only cover suits they feel are solid and will be reimbursed for more than the cost of the case itself, which often run over $100,000. Before taking on medical malpractice litigation suits, legal counselors must consider various factors that make such cases very complex and different from other types of legal action.
Malpractice occurs when a doctor, surgeon or other health care practitioner proven to be negligent in treating a health condition. Negligence can take two forms: either action was taken that resulted in injury or failure to take action caused serious injury or death. Patients can sue a health care professional of not diagnosing a problem or misdiagnosing a condition, not providing appropriate treatment, not obtaining proper consent for a procedure, or an unreasonable delay in treating a diagnosed condition. For medical malpractice litigation to result favorably, the victim must be able to demonstrate that negligence or substandard care occurred, resulting in serious and lasting harm to the patient. Cause and effect must be clearly delineated. If an error occurred, but the patient was not harmed, damages cannot recover financial retribution. The burden of proof is on the patient, not the doctor or medical facility. This is often established through the opinions of health care professionals in the field, a thorough review of medical records and individual circumstances. But proving below standard care is very subjective, depending on the degree of skill, training and experience of that particular health care practitioner. Often, both sides will solicit testimony from different professionals and present two very different opinions in court, making deciphering the truth very difficult for jurors.
Rulings for medical malpractice litigation often depends on limitations imposed by state governments. Many states limit the amount of financial retribution a victim of negligence can receive in a trial. Others limit the fees that lawyers charge to their clients. Some states require special court procedures to be followed like panels to screen claims or arbitration to take place instead of a trial. Often considered a preferable solution, arbitration involves both sides to choose an arbitrator and agree on an impartial third arbitrator to arrive at an agreeable solution for all parties. The process was created to be a speedy alternative to long-drawn trials, but with complications in selecting arbitrators can sometimes drag the process into weeks, months, and even years. Sometimes, patients do not receive a thorough investigation into their issue. Facts may be omitted. Preparations can be minimal. Politicians argue that these medical malpractice litigation laws are passed to increase patient safety and limit insurance premiums by keeping people out of court, but opponents argue that they leave medical facilities and practitioners little incentive to make improvements to avoid such lawsuits.
During his time on earth, Jesus often healed the sick and made parallels between the need for medical care and the need for repentance. "But when Jesus heard that, he said unto them, They that be whole need not a physician, but they that are sick." (Matthew 9:12) Medical malpractice litigation wasn't nearly as expensive in Biblical times as it is today. Many victims and lawyers usually have to choose whether to let go of a claim or pursue it at a financial loss as a matter of principle. For many, the cost of litigation far exceeds the amount of the restitution. Most lawyers take cases on a contingency basis. Fees are usually a percentage, usually around a third, of the final settlement, minus court costs. Although unusual, some will ask for a retainer covering fees and costs allowing the client to keep the entire settlement, but with court costs so high, few victims can afford this option.
Most attorneys will only choose medical malpractice litigation cases they feel have a solid chance of receiving big settlements. For every one they accept, many are refused. But just because a case has been declined by one lawyer doesn't mean that another won't pick it up. However, victims of malpractice should look for experienced legal counsel who not only has experience with malpractice cases, but has also tried similar cases. Most malpractice lawyers specialize in very narrow fields such as birth trauma, surgical errors, or misdiagnoses. Find out how many cases the firm has taken to trial and if they have the financial resources to do so. Clients will need to provide all medical records and the names of physicians seen. All health conditions, even those not associated with the case, will be under review. Pre-existing conditions are examined to see if they contributed to the injury. Be prepared to answer written questionnaires or attend depositions, live testimony usually held at the law firm.
Cases dealing with medical malpractice litigation usually must be initiated within a certain time frame to be considered. Some claims, such as delayed diagnoses, are simply difficult to prove negligence. Law firms vary according to which cases will be accepted and which ones will be turned down. Consider the situation carefully before deciding whether or not to begin a litigation. If the basic premises of malpractice are difficult to prove, chances are that legal counsel will be hard to find. Always research firms before soliciting them for legal advice. Reputable lawyers will be honest about their assessment of the case and the probability of success.
Malpractice occurs when a doctor, surgeon or other health care practitioner proven to be negligent in treating a health condition. Negligence can take two forms: either action was taken that resulted in injury or failure to take action caused serious injury or death. Patients can sue a health care professional of not diagnosing a problem or misdiagnosing a condition, not providing appropriate treatment, not obtaining proper consent for a procedure, or an unreasonable delay in treating a diagnosed condition. For medical malpractice litigation to result favorably, the victim must be able to demonstrate that negligence or substandard care occurred, resulting in serious and lasting harm to the patient. Cause and effect must be clearly delineated. If an error occurred, but the patient was not harmed, damages cannot recover financial retribution. The burden of proof is on the patient, not the doctor or medical facility. This is often established through the opinions of health care professionals in the field, a thorough review of medical records and individual circumstances. But proving below standard care is very subjective, depending on the degree of skill, training and experience of that particular health care practitioner. Often, both sides will solicit testimony from different professionals and present two very different opinions in court, making deciphering the truth very difficult for jurors.
Rulings for medical malpractice litigation often depends on limitations imposed by state governments. Many states limit the amount of financial retribution a victim of negligence can receive in a trial. Others limit the fees that lawyers charge to their clients. Some states require special court procedures to be followed like panels to screen claims or arbitration to take place instead of a trial. Often considered a preferable solution, arbitration involves both sides to choose an arbitrator and agree on an impartial third arbitrator to arrive at an agreeable solution for all parties. The process was created to be a speedy alternative to long-drawn trials, but with complications in selecting arbitrators can sometimes drag the process into weeks, months, and even years. Sometimes, patients do not receive a thorough investigation into their issue. Facts may be omitted. Preparations can be minimal. Politicians argue that these medical malpractice litigation laws are passed to increase patient safety and limit insurance premiums by keeping people out of court, but opponents argue that they leave medical facilities and practitioners little incentive to make improvements to avoid such lawsuits.
During his time on earth, Jesus often healed the sick and made parallels between the need for medical care and the need for repentance. "But when Jesus heard that, he said unto them, They that be whole need not a physician, but they that are sick." (Matthew 9:12) Medical malpractice litigation wasn't nearly as expensive in Biblical times as it is today. Many victims and lawyers usually have to choose whether to let go of a claim or pursue it at a financial loss as a matter of principle. For many, the cost of litigation far exceeds the amount of the restitution. Most lawyers take cases on a contingency basis. Fees are usually a percentage, usually around a third, of the final settlement, minus court costs. Although unusual, some will ask for a retainer covering fees and costs allowing the client to keep the entire settlement, but with court costs so high, few victims can afford this option.
Most attorneys will only choose medical malpractice litigation cases they feel have a solid chance of receiving big settlements. For every one they accept, many are refused. But just because a case has been declined by one lawyer doesn't mean that another won't pick it up. However, victims of malpractice should look for experienced legal counsel who not only has experience with malpractice cases, but has also tried similar cases. Most malpractice lawyers specialize in very narrow fields such as birth trauma, surgical errors, or misdiagnoses. Find out how many cases the firm has taken to trial and if they have the financial resources to do so. Clients will need to provide all medical records and the names of physicians seen. All health conditions, even those not associated with the case, will be under review. Pre-existing conditions are examined to see if they contributed to the injury. Be prepared to answer written questionnaires or attend depositions, live testimony usually held at the law firm.
Cases dealing with medical malpractice litigation usually must be initiated within a certain time frame to be considered. Some claims, such as delayed diagnoses, are simply difficult to prove negligence. Law firms vary according to which cases will be accepted and which ones will be turned down. Consider the situation carefully before deciding whether or not to begin a litigation. If the basic premises of malpractice are difficult to prove, chances are that legal counsel will be hard to find. Always research firms before soliciting them for legal advice. Reputable lawyers will be honest about their assessment of the case and the probability of success.
Medical Malpractice Litigation
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