Common Questions In Medical Malpractice Cases

Medical Malpractice Mistakes

How long does it take to resolve a medical malpractice case?

The time it takes to resolve a medical malpractice case varies from case to case. While most cases settle out of court, some go to trial. Whether a case settles or goes to trial is one factor that can determine the length of a medical malpractice case.

Why is a doctor not automatically responsible for a patient’s damages after a surgery or procedures has not gone well?

Plaintiffs must prove the doctor’s or other healthcare provider’s actions were negligent. Just because the outcome was poor or there was a surgical complication that does not necessarily mean that the doctor was negligent. In order to prove negligence, the plaintiff will need to prove that the medical professional’s performance did not meet the minimum standards accepted by the medical community in their area.

What are pre-suit proceedings?

Before filing a medical malpractice action, the plaintiff’s attorney will need to gather all pertinent medical records and have a qualified medical expert review them. If the medical expert believes that medical negligence occurred, then the medical malpractice claim can proceed.

What is medication?

In some medical malpractice cases the parties may choose to attempt to mediate. During mediation, the defendant and plaintiff, with their attorneys, meet with a mediator. Both sides then present their cases and the mediator considers them. Any information divulged during the mediation is confidential and cannot be used at trial. A successful mediation results in the plaintiff and defendant reaching an agreement concerning the damages. If the mediation is not successful then the case will go to trial.

Will my case go before a jury or will it settle?

Whether a case goes to trial or settles depends on a number of factors. One such factor is how much the defendant’s insurance company is willing to offer the injured patient as a “deal” and how much the plaintiff is willing to settle for. If an agreement between the parties can’t be reached, the case will likely proceed to trial.

Can a malpractice lawsuit be filed against someone who isn’t a doctor?

Any healthcare provider can be named as a defendant in a medical malpractice lawsuit.

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