Win Your Malpractice Lawsuit with the Right Attorney

By Tom Sample

Medical Malpractice Lawsuits- How they work

Because the number of malpractice lawsuits is increasing all over the United States, a person who engages in such a lawsuit should follow the advice of a professional malpractice lawyer. You may find yourself in a situation involving malpractice at any time. It is best to have a plan in place for hiring a malpractice attorney.

What exactly does malpractice mean? To put it simply, it is the lack of professionalism in exercising one's profession. Medical staff persons are most likely to be involved in such cases because their high-responsibility profession influences many lives each year.

Most cases of malpractice happen out of negligence and in cases of medical malpractice the repercussions fall directly on the patient's shoulders, changing their health conditions for worse. Not only that, but people can also be psychologically and financially harmed. It is the serious nature of these consequences that accounts for the large number of medical malpractice lawyers who deal exactly with these types of cases.

Usually in a case of malpractice there are two parties:

  • the plaintiff - the patient who has been exposed to the medical staff's negligence, or a designated party acting on behalf of the patient (in the regrettable case in which the patient has deceased);
  • the defendant - this is the health care provider (its technical name). To put it simply, it is the physician or any other medical expert that has harmed the patient through negligence.

The trial usually flows like any other type of trial. The plaintiff's malpractice lawyer files a suit in Court, respecting the jurisdiction. Between the filing of the lawsuit and the trial itself the two parties are supposed to meet in a process which is called discovery.

This process will consist of interrogatories (or interviews, if you will), exposure of pieces of evidence and so on. When undeniable proof is presented it may be possible for the parties to end their dispute by a verbal agreement followed by a financial compensation for the harmed patient. If not, the case must go to trial.

Malpractice lawyers and followers of the medical malpractice field in general claim that they help identify weak spots in a country's medical institutions, thus avoiding or reducing the number of future incidents.

The truth is that the number of preventable deaths caused by medical negligence is quite high in the United States. Between the years 2000-2002, and average of almost 200.000 people died in hospitals due to medical negligence.

This is a high number far exceeding many other death causes, preventable or not. This is also why, if you are unlucky enough to be exposed to medical negligence, you need to be prepared to hire a malpractice lawyer to professionally handle your case.

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