If you have been a victim of medical malpractice, you should know that you have legal rights and should consult with an experienced attorney to discuss these rights.  Often times in these types of cases, a settlement between the physician in question and the patient cannot be reached, therefore they end up in court.  If you are preparing to head to court in such a case, you should know exactly how medical lawsuits work, so that you can be prepared ahead of time for what to expect.

Medical lawsuits are made up of a plaintiff and a defendant.  In these cases the plaintiff is the patient bringing the lawsuit and the defendant is the physician who is being accused of negligence.  Sometimes there are multiple defendants, such as a doctor’s entire staff, and even whole institutions.

In cases where the patient in question is deceased and a wrongful death suit is being brought before the court, the plaintiff is typically the person who has been named executor of the decedent’s estate, or a family member.

Prior to the trial, both the plaintiff and the defendant exchange information and documentation, usually between their attorneys.  This period of time is referred to as discovery.  It is during this time that both sides begin to prepare their cases.

Your attorney will gather as much documentation as possible to help prove your medical lawsuit.  He or she will get your detailed medical records and any other pertinent information that can be used to solidify your claim.

During the trial, both sides have the opportunity to present their evidence to the judge or jury.  Often, expert witnesses will be called to testify for either side, as to the legitimacy of the claim and evidence presented.

The goal in a medical lawsuit is to successfully prove that the doctor or medical practitioner in question acted with negligence.  Once this is proven, the next step is for the plaintiff’s lawyer to prove the injury to the patient.  This injury can either be physical or mental/emotional.  Obviously, emotional damages are more difficult to prove.

After all the evidence and testimony is heard, the jury or the judge (depending on what type of trial it is) will spend some time reviewing both sides of the case and weighing the evidence.  A decision is then made as to whether the defendant is guilty or not guilty of the medical lawsuit charges.

If a guilty verdict is returned, the case will move on to the last phase: compensation.  The judge will review the evidence of loss provided by the plaintiff, such as medical bills and lost wages, and determine a suitable amount of compensation.  The defendant is ordered to pay whatever the judge determines is a fair amount

This entry was posted on Thursday, October 23rd, 2008 at 12:22 pm and is filed under Medical Malpractice. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.