This article describes the following stages of a medical malpractice case: consultation with an attorney, investigation, tribunal, discovery, settlement and trial.
On average, most medical malpractice cases take 2-3 years to settle. However, if a medical malpractice case does not settle and goes to trial, the lawsuit can take up to 4 years. In cases where compensation exceeds $2 million, the timeline is often 5-15 years.
The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence [18].
A patient injured by medical malpractice can recover a wide variety of damages -- from medical bills to the loss of enjoyment of life to future earnings losses. If the medical malpractice results in the patient's death, the patient's family and heirs can also recover damages.
Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
When the defense claims that the patient's actions caused or contributed to the injury, this is called a(n) contributory negligence defense. Which of the following is a recommended communication technique to prevent medical malpractice lawsuits? Avoid statements that could be construed as an admission of fault.
Complex medical evidence and juror bias toward doctors and hospitals make medical malpractice cases tough to win. Updated by David Goguen, J.D. Medical malpractice cases are notoriously difficult for patients to win.
When a medical provider's actions or inactions fail to meet the medical standard of care, their behavior constitutes medical negligence. If their medical negligence causes their patient to suffer an injury, it becomes medical malpractice.
Malpractice Suits Should Have Careful Legal Guidance You must show a direct and relevant link between a doctor's action (or omission) and your injuries or illness. You also must prove how this injury or illness caused damages in the form of medical expenses, lost pay, and other losses.
To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.
In a medical malpractice lawsuit, the plaintiff is eligible for two types of compensation—economic and non-economic damages. Economic damages are awarded to compensate the injured patient for financial expenses and losses resulting from the defendant's negligence.
There are three common types of medical malpractice lawsuits – failure to make the correct diagnosis, birth injuries and medication errors. In this blog, we discuss these medical errors in order to help you determine whether you have suffered an injury as a result of medical negligence.