How Do I Pay for a Malpractice Case?
Medical Malpractice lawsuits involves any alleged action or malfunction of action by means of a health care professional in which the criterion of benefits, services and/or practice are damaged through deliberate or accidental procedure. If and when the actions of the health professional result in any injury, whether it is emotional or physical to the patient, there is a foundation for implementing a medical malpractice lawsuit. Any kind of negligence on the functions or duties of health care professionals can be represented as a medical malpractice case and can be referred to a court of law.
Like most lawsuits, in any medical malpractice lawsuit there is a plaintiff and a defendant. The plaintiff represents the person(s) who have been victimized or a legal representative of the person(s) who are alleging the maltreatment. In any case where the plaintiff is deceased and there is a wrongful death suit added to the malpractice case, the executor of other previously named administrator will step in and represent the role of the plaintiff. The defendant represents the health care professional or facility that is directly named in the malpractice lawsuit. The defendant is not restricted to one individual or one entity, but could comprise of a collection of individuals directly involved in the professional misconduct, including nurses, doctors, therapists and even dentists.
The first order of business in a medical malpractice case is to secure an attorney who is knowledgeable about the specific medical laws within your specific state. Retaining a lawyer who understands the detailed aspects of medical law and can connect those laws with unambiguous state regulation will provide a strong foundation for an individual case. A familiar attorney will able to help relay certain opportunities, weaknesses and abilities that will promote or hinder a specific malpractice case.
Secondly, the process of discovery commences, where each party, both the plaintiff and the defendant’s legal representatives must share gathered information for the process of proceeding in a legal fashion. Depositions, documentation requests, witnesses and interrogations are all on the table to be equally examined by each represented party. If a settlement or mutual agreement can be reached after discovery, the case is disregarded and new terms of the settlement will be put in writing with each party agreeing to the terms of conclusion. If a mutual agreement cannot be reached within the discovery period, the case is moved to trial.
The next course of action is to actually present the case in a court of law. In order to have a triumphant medical malpractice case there has to be proof that a legal lack of medical treatment occurred that was alleged to have been under the direct supervision of, or performed by, the defendant. This can be undertaken in a variety of ways that best promote the specific case. Verbal and witness testimony, sufficient evidence, proven results, the presence of injury or death or other noticeable inaccuracies. Expert witnesses are presented for information verification and can expand upon, or refute the malpractice allegations presented by the plaintiff.
The final aspect of going through a malpractice lawsuit is the outcome. The court appointed “fact-finder” who, in most cases is the judge, will render a verdict regarding case accountability. If the verdict is in the favor of the plaintiff, the damages owed to the claimant will be assessed. The damages could be in punitive and/or compensatory. Compensatory damages hold the defendant accountable for any and all injuries, harm and emotional stress caused by the alleged injury or death. They cover all financial aspects connected with the malpractice suit, including all attorney and legal fees. Punitive damages are usually only awarded if the plaintiff can prove that the intent of the defendant was malicious in nature and should be punished beyond the compensatory expenses. This form of damage reward is usually in the form of money and in addition to any compensatory damages that has already been awarded. If the defendant is awarded the case, the plaintiff settles their own legal costs.