How to File a Medical Malpractice Lawsuit

A patient who believes he suffered a loss due to the negligence of a healthcare provider may file a medical malpractice lawsuit. These types of cases differ from typical personal injury claims by using an established standard of care to determine the degree of negligence.

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

Duty of care

A doctor, surgeon or nurse or any other health care professional, is obligated to their patients the duty of care. The law states that any health care professional who treats you has a duty to uphold accepted medical practices without deviation or omission.

This medical standard of care is a legal standard to which any medical malpractice claim will be judged. It is crucial for a successful case because it lays out a specific way for the victim and their attorney to prove negligence by showing that a health care professional did not adhere to the standard of care.

A medical expert with a degree is often required to prove this standard of care. They are essential to establishing the relevant medical standards of care, and also determining how this standard was violated by the defendants in a medical negligence case.

It is also necessary to show that this breach of duty directly caused your injury, illness or death. In medical malpractice lawsuits, damages can include hospital bills and lost income future earning capacity, suffering, pain, and even punitive damages. Your lawyer will need to demonstrate the amount of damages you are entitled to, which could be more than your initial medical costs. This is less difficult in some instances than in other. In some cases it is simpler than in other situations.

Breach of duty

A doctor is bound for the patient to observe the medical standards of care when providing treatment or other services. If a physician violates this duty and the injury results, an injured patient can pursue a malpractice claim.

Medical negligence can encompass an array of actions such as errors in diagnosis, dosage of medication and health management, treatment and aftercare. A lawsuit must be valid if the plaintiff can prove four legal aspects. These include:

The first step is to ensure there will be a trusting relationship between the doctor and the patient. The physician must have an obligation to inform the patient of any risks or issues that may arise from the procedure. Even if the procedure was performed perfectly, the physician could be held accountable for negligence when they fail to notify the patient. For instance, if the doctor failed to inform patients that a particular procedure had 30 percent chance of losing limbs, the patient may not have reasonably consented to the procedure.

The second aspect to be proven is an infraction to the standard of care. To do this, the lawyer must have testimony from an expert witness to establish that the physician violated the standard of care. It must also be proven that the breach of the standard of care resulted in the patient's injuries.

The court system can be slow to resolve medical negligence cases. This is because it requires a long period of time from both the physician and attorney, as well as extensive research interviews with experts and a thorough review of medical and legal literature. A doctor who is who is facing a malpractice suit will have to pay hefty court costs, attorney's fees products and costs, and expenses for expert testimony.

Causation

All healthcare professionals including doctors, nurses and other healthcare providers are human and have the potential to make mistakes. When their mistakes are so bad that they reach the level of medical malpractice, patients suffer serious and even life-changing injuries. It requires both medical and legal expertise to prove that a healthcare provider has acted in breach in duty and caused harm. A successful claim requires four legal elements to be proved that include a doctor-patient relationship, the doctor's duty of care towards the patient, the doctor's breaching that duty, and the harm that resulted from the breach.

It must also be proven that the doctor's deviation from the standards of care was a direct and primary cause of injury. The legal standard for this aspect is higher than "beyond a reasonable doubt" required in criminal cases. The lawyer representing the plaintiff must convince the jury/fact finder that it is more likely than not that the doctor's actions were negligent and that negligence was the primary reason for the injury.

A medical expert is usually needed early in the process to determine the validity of all these elements. According to Rhode Island law only doctors who have the proper knowledge, experience and training in the field of claimed malpractice can provide expert testimony. This is the reason that choosing an expert in medical practice who is competent is so important in a malpractice case.

Damages

Medical malpractice lawsuits are designed to recover damages that cover the future and past expenses incurred as a result of an injury. These expenses could include hospital bills and doctor visits, as well as pain and suffering and lost wages. The jury will decide on the amount of damages that will be awarded based on evidence presented.

During the trial the plaintiff or their lawyer must prove four main legal elements: (1) a physician was obligated to perform a professional obligation; (2) the doctor breached this duty by acting negligently; (3) the doctor's negligence caused injuries and (4) the injury resulted in measurable damages. Dissatisfaction with a physician's work is not considered to be negligence, but a real injury must be present. A medical professional can determine if a doctor has deviated from standard care.

The legal process of a malpractice lawsuit can go on for years, and involve a significant amount of time spent in "discovery," which involves the exchange of documents and the statements made under oath by parties involved in the case. While many cases settle before reaching the courtroom, only a few of these claims go all through to a jury trial and a verdict.

In an effort to reduce the cost of litigation, a few states have taken a variety of administrative and legislative actions, collectively referred to as tort reform measures, to reduce the liability for malpractice. Some states have implemented alternative dispute resolution methods that include binding arbitration. These alternatives to civil litigation are designed to decrease litigation costs, expedite the settlement and handling of malpractice claims, avoid overly generous juries, and screen out frivolous claims.