How to File a Medical Malpractice Lawsuit

A patient who believes that they suffered a loss due to a mistake made by a health care provider can file a lawsuit for medical malpractice. These cases differ from the typical personal injury lawsuits in that they employ an established standard of care to determine negligence.

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

Duty of care

A surgeon, doctor or other health care professional is bound by a duty of care to their patients. This legal concept basically states that any health care professional treating you has an obligation to follow the accepted medical practices, without omission or deviation.

The medical standard of care is the legal yardstick to which all medical malpractice claims are judged. It is crucial to a successful case, since it lays out a specific way to allow the injured person and their attorney to establish negligence by showing that a health care professional failed to meet the standard of care.

A qualified medical expert is often needed to prove the standard of care. They are essential to establish the relevant medical standard of care, and also determining how that standard was breached by the defendants in a medical negligence case.

In addition it is essential to establish that the breach of duty caused your injury or illness. In medical malpractice lawsuits damages could include hospital bills as well as lost income as well as future earning capacity suffering, pain, and even punitive damages. Your lawyer must show the amount of damages you are entitled to, which can be higher than your initial medical costs. In some cases this is less difficult than in other. In some instances this is more straightforward than in other situations.

Breach of duty

A physician owes the patient the obligation to act in accordance with the medical standards of care when providing services or treatments. If a physician violates this duty and the injury results an injured patient could seek compensation for malpractice.

Medical negligence can be a result of a wide range of actions, including errors in diagnosis, dosage of medication and health management, treatment and follow-up care. To make a claim valid, the plaintiff must prove four legal elements. These are:

First, there must be a relationship between the doctor and patient. The physician is obliged to inform patients of any risks or complications that could arise with the procedure. In the absence of this, it could render the doctor liable for mistakes, even though the procedure was carried out flawlessly. For instance, if the physician did not inform the patient that a particular operation was likely to have an opportunity of losing 30% of limbs, the patient may not have reasonably consented to the surgery.

The second thing to be proven is a breach of the standard of care. To demonstrate that the doctor's actions were different from standard care, the lawyer will require expert witness testimony. It is also necessary to prove that the breach of the standard of care led to the patient's injuries.

The court system can be slow to resolve medical negligence cases. This is because it requires a lot of time by the physician and attorney, in addition to extensive research interviews with experts and a thorough review of medical and legal literature. A physician who is facing a malpractice suit will be required to pay high court costs, attorney's work product and costs, and expenses for expert testimony.

Causation

Doctors, nurses and other healthcare professionals are humans and they make mistakes. When these errors reach the point of being considered negligence, patients may suffer serious and life-changing injuries. It requires legal and medical expertise to prove that a healthcare provider has acted negligently in duty and caused injury. A successful claim must prove four legal elements: a physician-patient relationship; the doctor's professional obligation to the patient; the doctor's breach of that duty; and injury resulting from the breach.

The injury must be proven to be caused by the doctor's deviance from the standard of medical care. The legal standard for this part is higher than "beyond a reasonable doubt" required in criminal cases. The lawyer representing the plaintiff must convince the jury or fact-finder that it is more likely that negligence by the doctor caused the injury.

A medical expert witness is usually required early in the process to establish the validity of all these factors. According to Rhode Island law, only doctors with the appropriate training, education as well as expertise in the field of the alleged malpractice can give expert testimony regarding the issue. This is the reason that selecting a medical expert that is competent is crucial in a malpractice case.

Damages

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

The plaintiff or their attorney must establish four legal elements during the trial: (1) the physician was obligated to them; (2) the doctor violated this duty through negligence; (3) the doctor’s negligence caused injuries; (4) the injury caused damages that were quantifiable. A doctor's actions are not a violation if you are unhappy with it. However there need to be an injury. Medical experts can help determine if a physician has strayed from the norm of treatment.

The legal process for a malpractice claim may last 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 the parties involved in the case. A majority of cases are settled before they reach the courtroom. However, a small percentage of these cases go to the stage of trial by jury.

In order to cut down on litigation costs, some states have implemented a number of administrative and legislative actions, collectively referred to as tort reform measures, to limit the liability for malpractice. A few states have also implemented alternative dispute resolution systems like binding arbitration. These alternatives to civil litigation are designed to lower the cost of litigation, speed up settlement and handling of malpractice claims, eliminate overly generous juries, and filter out frivolous claims.