Medical Malpractice Suits

A growing number of medical malpractice lawsuits in the US have been a focus of many discussions in the medical field and in the media. Settlement costs and damages are really enormous. In California, a Sacramento judge approved the $5.75 million court settlement for the negligence of the doctors and medical staff of UC Davis Medical Center to Cannon Hoops, the person who was born on December 1, 2004 who suffered brain injuries during the delivery. Another jury in California awarded $2.9 million for medical negligence of two doctors resulting from a woman dying from ovarian cancer.

People have rights to file complaints for any errors committed to them or to their loved ones by health providers, whether by ignorance or by accident. However, it is a must to establish first that a medical malpractice has been done based on malpractice definition. There is also a certain period of time before one can file a lawsuit so a legal consultation is advised to make the necessary action.

A complaint will be delivered to the health provider or institution being sued, known as the defendant and the complainant will provide the defendants a certain period of time notice, usually at least 90 days that a malpractice action will be initiated. A defendant should file an answer with the court and may either challenge or deny the allegations.

Complainants and defendants will learn all about the affidavits of allegations and defenses as ordered by law including statements of other witnesses. Interrogations would be done by attorneys of both parties and there exist court's discovery rules in order resolve the disputes. The discovery process usually takes time, either a few months or years depending on the urgency of the case and availability of evidences or witnesses.

Both parties may settle the dispute during the proceedings before a case comes to a trial. The health provider may either offer to settle a lawsuit or accept the complainant's demands. This should be done in consultation with his lawyer and insurance company as this is a complicated issue. The health provider should have insurance and he should have a written permission for the insurer in order to settle the case. According to Jury Verdict Research, from the period 1994 to 2000, the settlement cost median for physician malpractice and hospital malpractice were $375,000 and $300,000 respectively.

If the case will be subjected to trial and if the jury finds the health provider guilty of medical malpractice, the extent of damages will be assessed by court. Medical malpractice trial normally lasts for up to two or three weeks. A losing party may still appeal for retrial.

Medical malpractice refers to any action, negligence or failure to act on the part of the health care professional or employee in providing the relevant medical care or treatment, thus causing injury or death of a patient. Many people hesitate to start medical malpractice suits; their main concerns being lack of resources, insufficient funds or fear of going against a professional or institution which has better legal representation.

In a medical malpractice suit, the plaintiff is the patient or someone seeking compensation on his or her behalf. The defendant is the physician, nurse, a medical professional or even the health care institution. There are various types of medical malpractice. Wrong diagnosis of a disease could mean prescribing the incorrect treatment or medication. This could lead to aggravation of the actual ailment or other complications.

Other types of medical malpractice include medication errors which refer to wrong medication, incorrect dosage or incorrect prescription. Surgery malpractice suits cite negligence in the operating room, such as surgical errors or malpractice in administration of anesthesia. Childbirth malpractice can endanger a mother, child or both, causing damage, illness, defects or even death.

Before deciding on a medical malpractice suit, it must be determined that a legal obligation of medical care and treatment was believed to be undertaken by a medical professional or center. It must be further proved that there was a breach of responsibility and the medical personnel have failed to perform their duties, thus resulting in harm or death to the patient. Medical malpractice suits must be filed soonest possible, as there are statutes of limitation. This refers to the time limit to institute a case; the regulation varies from state to state.

There are two types of damages awarded in a negligence medical malpractice suit. Compensatory damages seek to reimburse the plaintiff for financial losses, emotional duress, physical pain, medical expenses and other costs incurred due to the negligence. Punitive damages aim to punish the defendant for irresponsible conduct.

It is advisable to consult lawyers who are experienced in medical malpractice. They can review the case, provide appropriate advice and build a strong case against the negligent party. Many malpractice lawyers will charge fees on a contingency basis, which means that their fees are based on the damages awarded from the settlement of the malpractice suit.