How to File a Medical Malpractice Lawsuit

A patient who believes that he has suffered losses as the result of an error made by a medical professional is able to file a medical malfeasance lawsuit. These cases differ from personal injury lawsuits because they use a specialized standard to determine the degree of negligence.

In the United States, malpractice claims are settled through state trial courts. Each state has its laws and procedures.

Duty of care

A surgeon, doctor or nurse or any other health professional, owes their patients a duty of care. This legal concept essentially states that any health care professional treating you owes a duty to uphold accepted medical practices without deviation or omission.

The medical standard of care is the legal yardstick against which all medical malpractice claims are evaluated. It is vital to a successful lawsuit, since it lays out a specific way for the person who was injured and his or her attorney to establish negligence by proving that a health care professional failed to meet the standard of care.

Proving that this standard of care is met often requires the assistance of a medical expert witness. These experts are vital to establish the relevant medical standard of care and how this standard was violated by the defendants in a medical negligence case.

It is also essential to prove that this breach of duty was the cause of your injury, illness or death. In medical malpractice cases, damages usually include hospital expenses as well as loss of income and future earning capacity, pain and suffering, diminished quality of life and even punitive damages. Your lawyer will have to establish the amount you are entitled to, which could be more than your initial medical costs. This is more straightforward in certain instances than in other. In certain instances this is more straightforward than in other cases.

Breach of duty

A physician owes the patient a duty to act in accordance to medical standards of care when providing treatments or providing services. If a physician fails to fulfill that obligation and an injury occurs, an injured patient can pursue a malpractice claim.

Medical negligence can include an array of actions including mistakes in diagnosis, dosage of medication and health management, treatment and aftercare. A lawsuit is considered valid if the plaintiff is able to establish four legal elements. These are the following:

The first step is to ensure there will be a trusting relationship between the doctor and the patient. The physician has obligation to inform the patient about any risks or complications involved in the procedure. Failure to inform the patient of any risks or complications could cause the physician to be held accountable for negligence, even if the procedure was carried out flawlessly. For example, if the doctor failed to inform patients that a particular operation was likely to have the possibility of losing 30% limbs, a patient could not have logically consented to the surgery.

The second element to be proved is a breach of the standard of care. To show that the doctor did not follow from standard care, the lawyer will need expert witness testimony. It is also necessary to prove that the breach of the standard of care resulted in the patient's injuries.

It could take a long time to finish medical negligence claims in the court system. This requires a lot of physician and attorney time, a thorough review of the records, interviewing experts and research into the legal and medical literature. Physicians who are facing a malpractice suit will have to pay high court fees along with attorney fees and work products, as well as expenses for expert testimony.

Causation

Doctors, nurses, and other healthcare professionals are individuals and they make mistakes. When their mistakes are so bad that they reach the level of Medical Malpractice Law Firm malpractice, patients suffer serious and even life-changing injuries. Proving that a health care provider acted in breach of his or duty and caused injury requires both legal and medical knowledge. A successful claim must prove four legal elements: a doctor-patient relationship; a medical professional's duty to the patient; the doctor's breach of that obligation; and the injury that resulted from the breach.

The injury must be proved to be caused by the doctor's deviance from the standard of medical care. This is a more stringent legal standard than "beyond reasonable doubt" in criminal cases. The plaintiff's attorney must convince the jury/fact-finder it is more likely that the physician's negligence caused the injury.

Medical experts are often needed early in the process to determine the validity of all these elements. According to Rhode Island law only doctors with sufficient education, training and experience in the field of alleged malpractice are allowed to give expert testimony. This is why selecting an expert in medical expertise is such an important aspect of an investigation into a case of malpractice.

Damages

Medical malpractice lawsuits are designed to recover damages that cover the future and past expenses that result from an injury. The costs could include hospital bills, doctor's appointments, pain and discomfort, and lost wages. The amount of damages awarded is determined by the jury based on the evidence presented.

During the trial the plaintiff or their lawyer must prove four key legal elements: (1) a physician was obligated to perform a professional obligation; (2) the doctor did not fulfill this duty when he or she acted negligently; (3) the doctor's negligence caused injuries; and (4) the injuries caused by negligence resulted in damages. The performance of a doctor is not a breach of professional standards if you're dissatisfied with it. But, there must be a repercussion. An expert witness will help to determine whether a physician deviated from the standard of care.

The legal process for a malpractice lawsuit can go on for several years, with lots of time spent in "discovery," which involves the exchange of documents and statements given under oath to the parties involved in the case. While many cases end up being settled before reaching the courtrooms, a portion of these claims make it all through to the jury trial and verdict.

To limit malpractice liability Certain states have taken several administrative and legislative measures collectively known as tort reform. A few states have implemented alternative dispute resolution systems like binding arbitration. The purpose of these alternatives to civil litigation is to decrease the cost of litigation and speed up handling of malpractice claims by removing juries with excessively generous verdicts and weeding out unnecessary medical claims.