When I was younger, I didn't really see the point of spending a lot of time worrying about something as silly as liability. However, as my business continued to grow, I started to see the problems with some of our policies. I knew that I needed to consult with some lawyers to figure out how to protect our business, so I began focusing on taking care of things. I wanted to start a new blog to help other people to understand legal concerns, so I made this little website. I hope you can find information on the things you are looking for.
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If you've been injured or made ill by a medical provider's negligence, you may be eager to file a malpractice lawsuit to seek compensation. But while laws and procedures can differ from state to state, the medical malpractice process tends to be somewhat different than other types of personal injury litigation. Read on to learn more about some medical malpractice basics and what you'll need to do to get the lawsuit process started.
Why are medical malpractice claims different?
Over time, state governments have determined that it's in everyone's best interest to ensure that doctors, nurses, hospitals, and other medical providers aren't forced to defend themselves against frivolous malpractice claims. Doing so can increase the cost of care, deter people from entering the medical profession, and, some argue, deter medical providers from providing any treatment to someone who is in critical condition or has a poor prognosis. Because of this, medical malpractice cases go through a winnowing and evaluation process before either party ever sees the inside of a courtroom.
In most states, malpractice claims must first be filed with and evaluated by an independent panel of physicians, attorneys, and laypeople. Because the members of the independent panel have more medical background than the average judge or attorney, they're better equipped to determine whether the medical provider's actions fall within the relevant standard of care.
The medical review panel will then issue a decision stating whether it believes, based on the evidence provided, that the medical provider committed malpractice. A review panel's decision that sides with the physician or medical provider doesn't eliminate an injured person's ability to sue for malpractice, but can make it much more difficult to prove malpractice in a court of law. And attempting to file a malpractice claim directly, without first going through the review panel process, can result in dismissal of the entire claim.
What will you need to do to pursue a medical malpractice claim?
Once the medical review panel has made a decision, you're free to proceed to file a malpractice lawsuit. In order to establish malpractice and recover damages, you'll need to show that the medical provider breached its duty of care to you and that this breach was the cause of your injuries. This requires specific evidence that the physician's actions violated the general standard of care; a claim that the physician should have done something differently will fail unless the physician's actions fall below the standard of care.
You'll also need to show that this breach caused you harm. This means providing proof that the physician's actions (or inaction) were what caused your injury; intervening factors or complications may make this tougher to establish. Your attorney can help you review the evidence and determine whether filing a lawsuit is the best way for you to proceed.
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