How to File a Medical Malpractice Lawsuit

A patient who believes that he or she suffered a loss as a result of an error medical malpractice lawsuit made by a health care provider may sue for medical malpractice. These cases differ from personal injury lawsuits since they employ a professional standard to determine negligence.

In the United States, claims of malpractice are handled by state trial courts. Each state has its laws and procedures.

Duty of care

A surgeon, doctor, nurse or any other health professional is required to provide care to their patients. This legal principle states that any health professional who treats you has a duty to follow the accepted medical procedures.

The medical malpractice lawyers standard of care is a legal standard by which any medical malpractice claim is evaluated. It is vital for a successful lawsuit, because it offers a means the injured person as well as their attorney to demonstrate negligence by proving that a health professional did not meet the standard of the medical care.

A qualified medical expert is often needed to prove this standard of care. These experts are crucial in determining the standard of care applicable to the particular case and the extent to which defendants have breached this standard.

Additionally it is important to demonstrate that the breach of duty caused your injury or illness. In medical malpractice lawsuits damages could include hospital bills as well as lost income and future earning capacity, pain, suffering, and even punitive damages. Your lawyer must prove the amount of the damages, which could be greater than the original medical expenses. In some cases, this is easier than in others. Many doctors work at hospitals that grant them staff privileges, and in these situations, the physician's employer could be held liable by virtue of theories of vicarious liability.

Breach of duty

A doctor has a responsibility to the patient to follow the medical standards of care when providing treatment or other services. If a patient is injured by a doctor's negligence can bring a malpractice lawsuit.

Medical negligence can result from various actions, such as errors in diagnosis, dosage of medications and health management, treatment and follow-up care. To be able to claim valid, the plaintiff must prove four legal elements. These include:

First, there must be an established doctor-patient relationship. The doctor must be bound by obligation to inform the patient about any risks or potential complications that could arise from the procedure. Failure to do so may make the physician liable for malpractice, even if the procedure was performed perfectly. For example, if the physician failed to warn that a particular procedure had 30 percent chance of losing limbs, a patient might not have reasonably consented to the surgery.

The other element to be proved is a breach in the standard of care. To demonstrate that the doctor's actions were different from standard care, the lawyer will require an expert witness testimony. It must also be proven that the breach of the standard of care resulted in the patient's injuries.

It could take a long time to complete medical negligence claims in the court system. It involves many hours of physician and attorney time, thorough review of records, interviewing experts, and analyzing the legal and medical literature. A physician who is the subject of a malpractice lawsuit will need to pay high court fees as well as attorney fees and work products, as well as expenses for expert testimony.

Causation

All healthcare professionals such as doctors, nurses and other healthcare providers are humans and will make mistakes. When these errors reach the point of being considered malpractice, patients could suffer serious and life-changing injuries. Proving that a health care provider violated his or her duty and caused an injury requires both legal and medical knowledge. A successful claim requires four legal elements to prove such as a relationship between a doctor and patient and the duty of the doctor to care towards the patient, the doctor's violation of this duty, and then the injury caused by the breach.

It must also be established that the doctor's deviance from the standard of care was the sole and most likely cause of the injury. This is a higher legal standard than "beyond reasonable doubt" in criminal cases. The lawyer representing the plaintiff must convince the jury/fact-finder that it is more than likely that the physician's negligence caused the injury.

Medical experts are often required early in the process to determine all of these factors. According to Rhode Island law only doctors with the right knowledge, experience and training in the area of the suspected malpractice are able to give expert testimony. This is why selecting a qualified medical expert is a crucial aspect of the malpractice case.

Damages

Medical malpractice lawsuits seek to recover damages that cover future and past expenses that are caused by an injury. These expenses might include hospital bills, doctor visits, injuries and suffering, and even lost wages. The jury will determine the amount of damages owed by examining the evidence.

The plaintiff or their attorney must prove four legal elements during the trial: (1) the physician owed a duty to them; (2) the doctor in breach of this duty through negligence; (3) the doctor’s negligence caused injuries; (4) the injury resulted in measurable damages. Unsatisfaction with the doctor's work is not a sign of malpractice, but an actual injury has to be evidenced. An expert in medical practice can determine if a physician has strayed from the standard of care.

The legal procedure for a claim of malpractice may last for many years. This is because "discovery" involves the exchange of documents, and sworn statements from the parties involved. Many cases are settled before reaching the courtroom. However, a smaller amount of these claims go to the stage of trial for a jury.

To limit malpractice liability Some states have taken several administrative and legislative measures collectively known as tort reform. In addition, a few states have implemented alternative dispute resolution strategies such as voluntary binding arbitration. The purpose of these alternative methods to civil litigation is to decrease costs for litigation and speed up the process of settling malpractice claims while reducing juries with excessively generous stipulations and removing frivolous medical claims.