Feb 07 Blog – Medical Malpractice Litigation

Medical malpractice happens when a medical practitioner acts negligently when treating a patient. Malpractice can be caused an action taken by the medical practitioner, or if a practitioner neglects to carry out the medically appropriate action. Some examples of medical mal practice are the following: unsuccessful or mistaken diagnosis of a disease or medical ailment; not providing adequate care for a medical condition; excessive postponement of treatment of a diagnosed medical condition.

Medical malpractice law belongs to the category of tort law, and like all other tort cases, the plaintiff or their attorney files a suit in a court that has the proper jurisdiction over the claim. After the suit has been filed and before the trial begins, the plaintiff and defendant are required to share information through a process called “discovery.” The information in question can include requests for documents and depositions. If both parties come to an agreement, the case may be settled before the trial through negotiation. If the parties are not able to agree, the case will then go to trial.

The plaintiff has the responsibility to prove all the elements of the claim by a majority (51%) accumulation of evidence. During the trial, both sides will usually present expert witnesses to testify about medical and technical issues. The judge or jury must then consider all the evidence and decide which party has the strongest case.

Mueller Hillin specializes in medical malpractice cases in Philadelphia, Atlanta, Houston and Austin. If you believe that you or a loved one have been a victim of medical malpractice, you should act promptly to preserve your rights.