How to File a Medical Malpractice Lawsuit

A patient who believes he or she is suffering a loss because of a health care provider's mistake may file a medical malpractice lawsuit. These cases differ from other personal injury claims in that they rely on a professional standard of care to determine the degree of negligence.

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

Duty of care

A surgeon, doctor or any other health professional owes a duty of care to their patients. This legal doctrine states that anyone who is a health professional treating you must adhere to accepted medical practices.

The medical standard of care is the legal yardstick to which all medical malpractice claims are evaluated. It is vital to a successful claim, as it provides a way the injured person and his or attorney to establish negligence by proving the health professional did not meet the standard of the medical care.

The proof of this standard of treatment usually requires the assistance of a qualified medical expert witness. They are essential in setting the standards of care applicable to the particular case and Medical Malpractice Lawsuit also determining how defendants allegedly did not meet the standard.

Additionally it is important to demonstrate that the breach of duty led to your injury or illness. In medical malpractice lawsuits damages could include hospital bills loss of income future earning capacity, pain, suffering, and even punitive damages. Your lawyer must prove the amount of these damages, which could be more than your original medical expenses. In certain situations this is less difficult than in others. A lot of doctors work in hospitals that grant them staff privileges. In these situations, the physician's employer could be held accountable under theories of vicarious responsibility.

Breach of duty

A physician owes the patient a duty to act in accordance to medical standards of care when delivering treatments or providing services. If a patient is injured due to a doctor's negligence may file a malpractice suit.

Medical negligence can encompass many different actions, such as errors in diagnosis, dose of medication, health management, treatments and post-care. A lawsuit can be considered valid if the plaintiff is able to demonstrate four legal elements. These are the following:

First, there has to be a connection between the doctor and patient. The doctor is required to inform patients of any risks and complications that could arise with the procedure. Even if the procedure was done correctly, the doctor may be liable for malpractice when they fail to notify the patient. If the doctor didn't inform the patient that a specific procedure was likely to have 30% chance of losing limbs, the patient might not have consented to it.

The second element to be proved is a breach of the standard of care. To prove that the doctor deviated from standard care, the lawyer will require an expert witness testimony. In addition, it must be proven that this breach caused the patient's injury.

It takes a long time to complete medical malpractice lawyers negligence claims in the court system, which requires a lot of physician and attorney time, a thorough examination of records, interviews with experts, and analyzing the legal and medical literature. A physician who is the subject of a malpractice suit will have to pay for high court costs as well as attorney fees and work products, in addition to expenses for expert testimony.

Causation

Nurses, doctors, and other healthcare professionals are people and they make mistakes. If those errors rise to the level of medical malpractice, patients are afflicted with severe and life-altering injuries. Proving that a healthcare provider violated his or duty and caused injury requires legal and medical expertise. A successful claim must demonstrate four legal elements: a physician-patient relationship; the physician's professional obligation to the patient; the breach by the doctor of that duty; and injury resulting from the breach.

It must also be proved that the doctor's deviation from the standards of care was a direct and proximate cause of the injury. This element has a higher legal standard than "beyond reasonable doubt" in criminal cases. The lawyer representing the plaintiff must convince the jury/fact-finder it is more likely that the negligence of the doctor caused the injury.

A medical expert is often required early in the process to help identify all of these elements. Under Rhode Island law, only doctors with the right training, education, expertise, and knowledge in the field of the alleged malpractice can give expert testimony on the matter. This is why choosing an expert in medical expertise is such an important aspect of an investigation into a case of malpractice.

Damages

Medical malpractice lawsuits seek to recover damages that cover past and future expenses incurred as a result of an injury. These costs could include hospital bills, doctor visits, pain and suffering and lost wages. The amount of damages paid is determined by the jury according to the evidence that is presented.

The plaintiff or their lawyer must demonstrate four legal elements at 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 led to measurable damages. Unsatisfaction with the doctor's work isn't a cause of malpractice, but a specific injury must be evident. A medical professional can determine if a physician has deviated from standard care.

The legal process for a malpractice claim can last several years. This is because "discovery" involves the exchange of documents and the sworn declarations of the parties involved. Many cases are settled before reaching the courtroom. However, only a small percentage of these cases make it to the jury trial stage.

To reduce the risk of liability for malpractice, some states have taken several administrative and legislative measures collectively referred to as tort reform. Some states have implemented alternative dispute resolution schemes, such as binding arbitration. The purpose of these alternatives to civil litigation is to decrease costs of litigation and speed up process of settling malpractice claims while removing juries that are too generous and screening out frivolous medical claims.