Attorney Joseph Taraska is a Florida-based legal professional with over over 40 years of experience in litigation. In the following article, Mr. Taraska explains the complex procedures of determining, filing, and settling a medical malpractice claim.
Americans have long considered healthcare workers to be among the most trustworthy occupations.
However, while that trust in doctors, nurses, and hospitals remains high, Attorney Joseph Taraska explains that medical malpractice lawsuits remain relatively common, with around 34% of doctors in America reporting being sued wherein it is alleged that they practiced below the acceptable standard of care causing an injury.
Medical malpractice occurs when a healthcare provider fails to provide a standard level of care to their patient, resulting in harm or injury – and this can take on many forms.
Malpractice may occur in anything from misdiagnosis and delayed care to inaccurately prescribing medication, or undue invasive medical testing.
Patients who have been injured due to medical malpractice may be entitled to compensation for their damages. In order to pursue a malpractice claim, it is important to understand individual legal rights and the processes involved in seeking compensation.
Statistically, around 20,000 such lawsuits are filed every year in the U.S. alone.
Attorney Joseph Taraska Says Negligence Must be Proven
The first step in pursuing a malpractice lawsuit is to consult with an experienced attorney who specializes in this area of law. A malpractice attorney will evaluate the facts of the case and determine if there is a viable claim. They will also gather evidence to support the injuries or damages sustained, including medical records, expert testimony, and witness statements.
If the attorney determines that there was negligence by a healthcare provider or supporting staff, they will file a lawsuit on the injured person’s behalf.
Attorney Joseph Taraska says that a big reason why medical malpractice lawsuits are difficult to establish is that a patient must prove carelessness or neglect on the part of the healthcare provider. Unfortunately, illnesses, injuries, and even death can sometimes occur even after receiving proper, comprehensive care. What a malpractice claim shows is a deviation from the standard of medical care.
Consult with a Malpractice Attorney
During the legal process, Attorney Joseph Taraska explains that the legal team will advocate for the individual’s legal rights and work to prove that the healthcare provider’s actions or inactions led to harm. They will also determine a calculated settlement on behalf of the client, which includes medical and rehabilitative expenses, lost wages, loss of net savings and the loss of the ability to perform the activities of daily living, as well as pain and suffering.
It is important to note that medical malpractice claims can be complex and time-consuming. It is also important to act quickly, as there are often filing statutes and limitations. By working with an experienced attorney, injured parties can ensure that their legal rights are protected and that compensation for the damages will be rewarded.
Medical malpractice cases are often complicated, which is why Taraska says individuals should seek a lawyer specializing in malpractice claims. The legal team will investigate the case by reviewing medical records from healthcare organizations, hospitals, and doctors, as well as billed invoices, patient payments, and researching examples of the standard of medical care that was proper and expected.
Second Opinions
Attorney Joseph Taraska says that malpractice claims will likely need to be backed up in court through medical experts that are not affiliated with the case. The attorney’s team will seek doctors or nurses working in the same field as the defendant to validate the claim during an investigatory process.
Each state has slightly different rules related to these types of lawsuits, but many require a medical expert to either sign an affidavit backing up the potential credibility of the suit or write a certificate of merit, which is usually a letter supporting the case written by the medical expert. Other states require a period of time for a pre-suit investigation during which the parties trade information and evaluate their case for possible resolution. Once that is completed if the matter is not resolved, lawsuits can be officially filed.
Pre-Trial
Once a lawsuit is filed, the discovery phase can last as long as 1 ½ years or more. The discovery phase is when evidence continues to be gathered and depositions from both the plaintiff and defendants are taken as well as other fact witnesses and experts.
Attorney Joseph Taraska says that it is also during this time when settlements may take place, with either side approaching the other with an offer. Attorneys handle settlement negotiations with the consent of the client, which can be accepted or rejected. If they remain rejected, the case moves on to trial.
Trial
Malpractice trials are relatively complex and vary in length, lasting somewhere between one week to one month on average. Juries are often needed for medical malpractice trials, but some are heard just by a judge, depending on the location of the suit and the wishes of the parties. Like other lawsuits, juries render a verdict, or a mistrial occurs when a decision is not reached.
The losing party may appeal the decision, especially if a monetary award is considered unsatisfactory or an error occurred during the trial. In that circumstance, a new trial may or may not be granted. Either way, when a case is finally resolved, a defendant is released from future liability.
