How to File a Medical Malpractice Lawsuit

A patient who believes that they suffered a loss due to an error made by a health care provider can file a lawsuit for medical malpractice. These cases differ from personal injury claims due to the fact that they employ a professional standard to determine the degree of 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 doctor, surgeon, nurse or other health care professional is bound by a duty of care to their patients. This legal concept essentially states that any health professional treating you owes an obligation to observe the accepted medical practices, without deviation or omission.

The medical standard of care is a legal standard to which any medical malpractice claim is evaluated. It is essential for a successful case since it lays out an exact method for the injured party and their attorney to prove negligence by showing that a health care professional failed to adhere to the standard of care.

Proving that this standard of care is met often requires the help of a medical expert witness. These experts are crucial in establishing the standard of medical care applicable to the particular case and also determining how defendants allegedly did not meet this standard.

It is also necessary to prove that the breach of duty caused your injury, illness or death. In medical malpractice lawsuits damages could include hospital bills loss of income future earning capacity, suffering, pain, and even punitive damage. Your lawyer must establish the amount that you are entitled to, which could be higher than your initial medical expenses. This is easier in some circumstances than in others. There are many doctors who work in hospitals that give them staff privileges, and in those situations, a physician's employer may be held responsible by virtue of theories of vicarious liability.

Breach of duty

A physician is responsible to the patient the duty of acting in accordance to medical standards of care when delivering treatments or providing services. Patients who are injured by a doctor's negligence could file a malpractice claim.

Medical negligence can result from an array of actions, including mistakes in diagnosis, medication dosage, health management, treatment and post-treatment. In order for a lawsuit to be valid the plaintiff must show four legal elements. These are:

In the first place, there needs to be a trusting relationship between the doctor and patient. The doctor has the obligation of informing the patient about any risks or problems that arise during the procedure. In the absence of this, it could render the physician liable for malpractice, even if the procedure was carried out flawlessly. If the doctor did not warn the patient that a certain procedure could have an average of 30% risk of losing limbs, the patient would not have gotten consent.

The second aspect that must be proved 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 must also be proved that the breach of the standard of care resulted in the patient's injuries.

It may take a lengthy time to resolve medical negligence claims in the court system, which includes a great deal of physician and attorney time, a thorough examination of records, interviews with experts and research into the medical and legal literature. A physician who is the subject of an action for malpractice will have to pay high court fees as well as attorney fees and work products, in addition to expenses for expert testimony.

Causation

Doctors, nurses, and other healthcare professionals are humans and they make mistakes. When these mistakes reach the point of being considered negligence, patients may suffer life-threatening injuries. It requires the expertise of both lawyers and doctors to establish that a health provider has breached their in duty and caused harm. A successful claim requires four legal elements to be established such as a relationship between a doctor and patient and the duty of the doctor to care for the patient, the doctor's failure to fulfill this duty, and the injury that resulted from the breach.

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

An expert medical witness is often required early in the process to establish the validity of all these elements. According to Rhode Island law, only doctors with the appropriate education, training, experience, expertise, and knowledge in the field of the claimed malpractice can provide an expert testimony regarding the issue. It is for this reason that selecting an expert medical professional who is qualified is so crucial in a case of medical malpractice.

Damages

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

The plaintiff or their lawyer must demonstrate four legal elements in the trial: (1) the physician was bound by a duty to them; (2) the doctor did not fulfill this duty due to negligence; (3) the doctor’s negligence caused injuries; (4) the injury caused damages in a tangible way. Discontent with a doctor's work does not constitute malpractice, but a specific injury must be present. A professional witness can help to determine if a physician deviated from the standard of care.

The legal process of a malpractice claim can last for years, with extensive time spent in "discovery," which involves the exchange of documents and statements made under oath by the parties involved in the case. Many cases are settled before reaching the courtroom. However, only a small percentage of these claims go to the trial stage for jury.

To limit liability for malpractice, some states have taken several administrative and legislative measures collectively known as tort reform. In addition, a few states have implemented alternative dispute resolution procedures like voluntary binding arbitration. The aim of these alternative methods to civil litigation is to lower the cost of litigation and speed up settlement of malpractice claims while eliminating overly generous juries and weeding out unnecessary medical claims.