When a Patient Initiates a Legal Suit

Medical malpractice lawsuits require a great deal of time, resources and emotionally charged experiences. Many lawsuits are settled amicably on terms agreed by both parties with monetary payment by the doctor`s insurance company. Most insurance policies allow the physician to influence the settlement decision, giving the physician the power to decide whether to settle the claim or proceed with the process. However, some professional liability insurance policies allow the insurance company to settle a claim without the policyholder`s consent or even beyond the policyholder`s call, and may include additional claims settlement restrictions. Whether a medical malpractice claim is settled or brought to court, the investment of time, money and resources by the defendant physician and the plaintiff`s lawyer is not trivial. The process of legal disclosure and negotiation between the parties usually takes years, and during this time, the plaintiff`s lawyer must fund the proceedings, such as the payment of court fees, the lawyer`s time and production of work, and fees for expert testimony. Medical negligence lawsuits are complex efforts that require many hours of physician and lawyer time, extensive file review, interviews with experts, and research through the medical and legal literature. Preparing and pursuing a medical negligence lawsuit can cost more than $100,000. This amount reflects the financial risk assumed by the plaintiff`s lawyer in return for the likelihood of a successful settlement or judgment. Canada`s medical malpractice system is similar to that of the United States, but fewer claims are being filed and the frequency of medical negligence claims has declined steadily since 1997. This decline is likely related to improved patient safety initiatives and physician participation in continuing education programs. Most Canadian physicians are insured against medical malpractice by the Canadian Medical Protective Association.

Other informal court forums are increasingly being used to address patient concerns in Canada. Like Canada, Australia has a more socialized health care system than the United States, although medical malpractice is similar to that of the United States. Similar standards for medical negligence based on English common law apply to medical malpractice litigation in Australia. Earlier this decade, two major Australian insurers that funded medical malpractice defence went bankrupt, necessitating a government bailout. Malpractice insurance premiums have increased, leading to a debate over tort reforms and claims caps. The process for selecting lawyers in medical malpractice proceedings is different for plaintiffs and defendants. In the United States, attorneys for aggrieved patients are hired by the patient, usually on a contingency fee basis, with the attorney only receiving money if financial damages are awarded. This system has been criticized for encouraging medical malpractice lawsuits, unscrupulous defense on behalf of the patient, and deterrence of meritorious medical malpractice with little chance of financial redress [5]. However, the vast majority of medical malpractice prosecutions do not result in a jury verdict.

Contingency fees apply to both settlements and monetary damages awarded by a court; The amount collected by the plaintiff`s lawyers can range from 5% to 50% of the dollars received, either from a settlement or formally by a court following a judgment in favor of the plaintiff. Defence lawyers are appointed on behalf of physicians by Medical Malpractice Insurance; The lawyer`s fees are covered by the insurance company, although the lawyer`s client is the represented physician. Physicians named as defendants in medical malpractice litigation in the United States may also engage a personal attorney at their own expense for additional advice, review, and insights. This is a general overview of civil lawsuits. It covers the most important steps along the way and the most important terms you need to know. As always, the caveat is that this sheet does not replace a lawyer. In Germany, claims for medical malpractice are referred to the mediation committees and expert committees of the doctors` guild. Patients can reject the outcome of the mediation and take their case to court, where the system for judging medical malpractice is similar to that of the United States. Sweden, Finland, Denmark and Norway also operate out-of-court and error-free systems to compensate patients for injuries they sustain due to preventable risks and complications associated with medical care.