How to File a Medical Malpractice Lawsuit

A patient who believes that he has suffered a loss because of an error by a doctor could file a medical negligence lawsuit. These cases differ from personal injury claims because they use a professional standard to determine the extent of negligence.

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

Duty of care

A surgeon, medical malpractice lawsuits doctor or other health professional is bound by a duty of care to their patients. This legal concept states that every health professional who treats patients is bound to adhere to the accepted medical malpractice law firm practice.

The medical standard of care is a legal measure by which any medical malpractice claim will be judged. It is essential for a successful case because it offers a specific method for the victim and their attorney to prove negligence by showing that a medical professional did not adhere to the standard of care.

A qualified medical expert is often required to prove this standard of care. These experts are crucial in establishing the standard of medical care applicable to the case and also determining how defendants allegedly violated the law.

In addition it is important to establish that the breach of duty caused your injury or illness. In medical malpractice lawsuits, damages can include hospital expenses loss of income future earning capacity, pain, suffering, and even punitive damage. Your lawyer will have to show the amount of damages that you are entitled to, which could be greater than the original medical costs. In some cases this is less difficult than in other. Many doctors work in hospitals that give them staff privileges. In these situations, the physician's employer may be held responsible by virtue of theories of vicarious liability.

Breach of duty

A doctor is bound by an obligation to act in accordance with medical standards of care when delivering treatment or services. Patients who are injured due to negligence of a doctor could file a malpractice claim.

Medical negligence can result from an array of actions, including mistakes in diagnosis, dosage of medication as well as health management, treatment and follow-up care. A lawsuit must be valid if the plaintiff can establish four legal elements. These include:

First, there must be a doctor-patient relationship. The physician must have an obligation to inform the patient about any risks or complications involved in the procedure. In the absence of this, it could cause the physician to be held accountable for malpractice, even if the procedure was carried out flawlessly. If the doctor failed to inform the patient that a certain surgery had 30% chance of causing loss of limbs, then the patient would not have consented.

The other element that must be proved is a breach of the standard of care. To do this, the lawyer has to provide expert witness testimony to establish that the physician was not following the standard of care. It must also be established that the breach of standard of care caused 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 the doctor and attorney, along with extensive research and interviews with experts and a thorough review of medical and legal literature. A doctor who is facing a malpractice lawsuit will be required to pay high court fees, attorney's work products and costs, as well as expenses for expert testimony.

Causation

All healthcare professionals including doctors, nurses and other healthcare professionals are human and have the potential to make mistakes. If these mistakes get to the level of malpractice, patients can suffer life-threatening injuries. It requires both medical and legal expertise to prove that a medical provider has acted in breach in duty that caused injury. A successful claim requires four legal elements to be proved that include a doctor-patient relationship that is based on the doctor's duty to care towards the patient, the doctor's breaching that duty, and the injury that resulted from the breach.

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

An expert medical witness is usually required early in the process to establish all these factors. According to Rhode Island law only doctors with a sufficient degree of knowledge, experience and training in the area of the accused malpractice are permitted to provide expert testimony. This is why choosing an expert medical professional who is competent is a crucial aspect of the case of a malpractice.

Damages

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

During the trial the plaintiff or their attorney must prove four main legal elements: (1) a physician had a professional obligation to them; (2) the doctor violated this duty by acting negligently; (3) the doctor's negligence caused injury; and (4) the damage caused by the injury was quantifiable. Unsatisfaction with the doctor's work isn't a cause of malpractice, but an actual injury has to be evidenced. A medical professional can determine whether a doctor has violated the standard of treatment.

The legal process for a malpractice case may last for many years. This is because "discovery" involves the exchange of documents, and the sworn declarations of the parties involved. Many cases are settled before they even reach the courtroom. However, only a small percentage of these claims make it to the stage of trial for a jury.

In an effort to reduce costs associated with litigation, some states have implemented a number of administrative and legislative actions, collectively referred to as tort reform measures, to reduce liability for malpractice. In addition, some states have implemented alternative dispute resolution procedures such as voluntary binding arbitration. The objective of these alternatives to civil litigation is to cut down on the cost of litigation and speed up settlement of malpractice claims while eliminating overly generous juries and screening out frivolous medical claims.