How to File a Medical Malpractice Lawsuit

A patient who believes that he or she has suffered a loss due to an error by a doctor may file a medical malpractice lawsuit. These cases differ from other personal injury claims in that they use a professional standard of care to determine the degree of negligence.

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

Duty of care

A doctor, surgeon, nurse or other health care professional is required to provide care to their patients. This legal concept basically states that any health practitioner who is treating you has an obligation to observe the accepted medical practices, without deviation or omission.

The medical standard of care is the legal standard against which all medical malpractice claims are judged. It is essential to a successful claim, because it offers a means the injured person and their lawyer to prove negligence by proving that a health professional did not adhere to the standard of care.

Proving this standard of care often requires the help of a qualified medical expert witness. These experts are crucial in determining the standard of care applicable to the particular case and also determining how defendants allegedly infringed on the standard.

Additionally it is imperative to establish that the breach of duty caused your injury or illness. In medical malpractice law firm malpractice claims, damages can include hospital bills, lost income future earning capacity, suffering, pain, and even punitive damages. Your lawyer will have to prove the amount of damages you are entitled to, which could be greater than the original medical costs. This is less difficult in some circumstances than in others. Many doctors work at hospitals that grant them staff privileges. In those situations, a physician's employer may be held responsible by virtue of theories of vicarious liability.

Breach of duty

A doctor has a responsibility for the patient to observe medical standards of care in providing treatments or services. A patient who has been injured due to a doctor's negligence can file a malpractice lawsuit.

Medical negligence can refer to many different actions, like errors in diagnosis, dose of medication, health management, treatments and post-care. A lawsuit is considered valid if the plaintiff can prove four legal aspects. These are the following:

First, there must be a trusting relationship between the doctor and the patient. The doctor must be bound by a duty to inform the patient of any potential risks or potential complications that could arise from the procedure. Even if the procedure was performed perfectly, the physician could be held accountable for negligence in the event that they fail to inform the patient. If the doctor did not inform the patient that a specific surgery had a 30% chance of losing limbs, the patient would not have consented.

The second aspect to be proven is an infraction to the standard of care. To demonstrate that the doctor's actions were different from standard care, the lawyer will need expert witness testimony. In addition, it needs to be established that the violation caused the patient's injury.

It may take a lengthy time to settle medical negligence claims in the court system. This involves many hours of physician and attorney time, extensive examination of records, interviews with experts, and analyzing the legal and medical literature. A doctor facing a malpractice lawsuit will have to pay hefty court fees, attorney's work product and costs, and expenses for expert testimony.

Causation

All healthcare professionals including nurses, doctors, and other healthcare providers, are human and make mistakes. When these mistakes reach the level of medical malpractice, patients suffer severe and life-altering injuries. It requires the expertise of both lawyers and doctors to prove that a healthcare provider has breached their of duty and thereby caused injury. A successful claim must demonstrate four legal elements: a physician-patient relationship; the doctor's professional obligation to the patient; the breach by the doctor of this duty; and injury resulting from the breach.

The injury must be proven to have been 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 lawyer representing the plaintiff must convince the jury/fact finder it is more likely than not that the physician's actions were negligent and that negligence was a result of the injury.

A medical expert is often required at the beginning of the process to help determine the validity of all these elements. According to Rhode Island law only doctors with the right knowledge, experience and training in the area of the accused malpractice are permitted to provide expert testimony. It is for this reason that selecting an expert in medical practice who is skilled is important in a malpractice case.

Damages

A medical negligence lawsuit seeks to recover damages, which includes the past and future expenses associated with an injury. The expenses could include hospital bills and doctor visits, as well as the cost of suffering and wages. The jury will determine the amount of damages awarded in accordance with the evidence presented.

During the trial the plaintiff or their attorney must prove four main legal elements: (1) a physician was obligated to perform a professional obligation; (2) the doctor violated that duty by acting negligently; (3) the doctor's negligence caused injuries and (4) the injury resulted in measurable damages. A doctor's actions are not a violation if you are dissatisfied with it. However there must be an injury. An expert witness will help to determine if a physician did not follow the standard of care.

The legal process for a malpractice case can last for years, and involve a significant amount of time spent in "discovery," which involves the exchange of documents and statements given under oath to the parties involved in the case. While many cases end up being settled before reaching the courtrooms, a portion of these cases go all through to an appeal to a jury and a verdict.

To limit liability for malpractice Some states have taken several administrative and legislative measures collectively known as tort reform. A few states have also implemented alternative dispute resolution strategies that include binding arbitration. The aim of these alternatives to civil litigation is to lower the cost of litigation and speed up treatment of malpractice claims, while removing juries that are too generous and screening out frivolous medical claims.