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Various Processes of Medical Negligence Claims for Determination of Negligence of Doctor By Boston Merry

  in Medicines and Remedies | Published 2013-10-23 00:13:12 | 129 Reads | Unrated


This article discusses over the trial of the medical negligence claims and its different steps in court as how both lawyers ask question to determine the nature of medical negligence.

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This article discusses over the trial of the medical negligence claims and its different steps in court as how both lawyers ask question to determine the nature of medical negligence.

It is difficult to prove any case in the court as the lawyers have to look every nook and corner of the case and find the possible way to prove their claims. If it is medical negligence claim, then it will become more cumbersome that it is not easy to prove the negligence of the doctors as there are various other factors through which medical negligence can be occurred. The lawyers will have to check the documents of the patients through they can make efficient and effective negligence claims. The supporting documents including medical reports, lab results or tests of ultrasound are also attached with the medical negligence claim to make the claim strong.

When the claim is lodged in the court, then attorneys submit the interrogative papers to the lawyers of the plaintiffs. The lawyer of the opposing party makes contact with the concerned doctor or staff to gather information and their reply over the claim. The counsel of the claimant asks questions relating to negligence of the doctor, which caused injuries or disability to the patients. During course of discussion, they also exchanged information relating to the case and these facts will help them to reach a reasonable end. The mutual understanding of both lawyers helps them finalizing the medical negligence claim. During the cross question in the proceedings of the court, help both parties to understand that what has done in the medical negligence with the patients and what kind of malpractice or negligence has been done by the doctors or the medical staff.

The court also orders to get the opinion of the court from the medical expert and that opinion guides them to turn the case in particular direction. This rule of getting opinion from medical expert is varied in different States. In the cross question, the attorney of claimant asks questions from the doctors or the responsible staff regarding medical negligence, which is called redirect. In the similar fashion, the lawyer of plaintiff asks questions from the patients as what has happened and how he suspected for the medical negligence of the doctor. This process is called recross.  The lawyer of the plaintiff has to provide defenses over charges framed against his client. He has to prove that his client is not responsible for the medical negligence being claimed in the case and the injuries received by the patients are due to some other reasons.


If medical negligence  claim is decided in the favor of the claimant, then court constitutes a jury to calculate the damages both financially and physically, has been done to the patients. The jury, on the orders of the court, calculated the previous expenses over treatment and future treatment of the patients as well as physical loss or income in future in presence of the disability of the patient, and presents this medical negligence claim with all compensation in the court for approval.



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