Contents Legal system Malpractice Introduction Four major elements Process of a suit Discovery The trial Consequences HCQIA oversight FAQs Avoiding malpractice Medical record Patients' rights QUIZ

The Trial The order of events in a malpractice case trial is as follows: Selection of the jury: in Connecticut a civil jury consists of six jurors and two alternates. Opening statements by plaintiff's and defendant's attorneys. These statements outline the case and their respective arguments. Case presentations by attorneys. Closing statements. Judge's instructions to the jury ("charging" the jury). Jury deliberations and verdict. All six jurors must agree that a "preponderance of evidence" (i.e. a majority, or 51%) supports the claim of negligence in order to find in favor of the plaintiff. If judgment is in favor of the plaintiff, the jury may also award monetary damages. Consequences of a Guilty Verdict 1. Financial Consequences: As outlined previously, there are three types of financial awards which can be made to successful plaintiffs: Direct damages aim to replace a plaintiff's lost earnings as well their current and future medical expenses. Indirect damages are designed to compensate a plaintiff for pain, emotional distress and/or 'consortium' (the value of those services provided by a domestic partner...including reproductive capabilities). Punitive damages (also called exemplary damages) are awarded infrequently in medical malpractice, except in instances of intentional conduct or gross negligence. These damages may not be covered by standard malpractice insurance. 2. Employment-related Consequences: Health care professionals with a pattern of patient complaints and litigation, or even a single claim which reflects unusual carelessness, may face censure, disciplinary action or dismissal from a group practice or suspension of hospital privileges. 3. License-related Consequences: Depending on the nature of the malpractice claim, licensing boards may investigate a licensee and may recommend discipline (e.g., censure, suspension or revocation of a license). Governmental Oversight Information about a guilty verdict, if not immediately delivered to that practitioner's employer, hospital and licensing board by the practitioner, will eventually be delivered by a Federal or State agency charged with oversight. Of critical importance here, and often overlooked, is that all settlements in favor of the plaintiff, whether determined by the jury or settled out of court are reported to oversight agencies. This is of particular concern in so called "nuisance" lawsuits which are more expensive to defend than settle.