Defining the process of malpractice claims and indemnity payments

Abstract

Medical malpractice is defined as an omission or act that deviates significantly from the norms of medical practice and leads to harm or injury to the patient. The key legal elements of medical malpractice are 1) the presence of a patient-doctor relationship, 2) failure to meet a standard-of-care, 3) evidence of injury relating directly from sub-standard care, and 4) harm relating to that injury. If a patient feels as though they have been a victim of a medical error, the first step in the process of beginning a claim is that the patient/plaintiff will consult with an attorney who specializes in malpractice. If the case is determined to be valid, a suit can be filed to initiate a pre-discovery and deposition process. During the discovery process, information is gathered through interrogatories, requests for disclosure, requests for production, requests for admission, expert reports, and depositions. The pre-trial process generally culminates in a deposition. This step involves a formal proceeding whereby the physician provides a recorded testimony under oath, which may be used in the future if the suit is brought to court. Following this process, suits can be dropped, settled, or end in the pursuit of a trial. When a defendant is found liable in a medical malpractice case, the plaintiff is entitled to indemnity payments in proportion to the harm and damages associated with the malpractice case. Indemnity payments are expected to cover various damages, including economic, non-economic, and less often punitive damages. Economic damages include tangible medical costs, like medical bills, future medical care, lost wages, and future lost wages associated with the injury or disability resulting from the malpractice event.