How to File a Medical Malpractice Lawsuit

A patient who believes that he or she was a victim of a mistake made by a health care provider can sue for medical malpractice. These cases differ from personal injury lawsuits because they use a specialized standard to determine the degree of negligence.

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

Duty of care

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

The medical standard of care is a legal standard to which any medical malpractice claim will be judged. It is essential to a successful case, since it lays out a specific way for the person who was injured and his or her attorney to prove negligence by showing that a medical professional failed to adhere to the standards of care.

A qualified medical expert is usually required to establish this standard of care. They are essential to determine the relevant medical standard of care, and also determining how that standard was breached 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, lost income as well as future earning capacity suffering, pain, and even punitive damages. Your lawyer will have to demonstrate the amount of damages you are entitled to, which could be higher than your initial medical costs. In some instances, this is easier than in other. There are many doctors who work in hospitals that offer them staff privileges. In those instances, the doctor's employer could be held liable under theories of vicarious responsibility.

Breach of duty

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

Medical negligence can include an array of actions including mistakes in diagnosis, medication dose, health management, treatments and aftercare. To be able to claim valid the plaintiff must show four legal elements. These include:

The first step is to ensure there will be a connection between the doctor and the patient. The doctor must be bound by obligation to inform the patient of any risks or potential complications that could arise from the procedure. Failure to inform the patient of any risks or complications could render the doctor liable for negligence, even if a procedure was executed perfectly. For instance, if the doctor did not warn patients that a specific procedure was likely to have 30 percent chance of losing limbs, the patient may not have logically consented to the procedure.

The other element to be proved is a breach in the standard of care. To prove this, the lawyer has to have expert witness testimony to prove that the doctor violated the standard of care. Additionally, it has to be proven that this breach caused the patient's injury.

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, thorough review of the records, interviewing experts and conducting research into the legal and medical literature. A doctor who is facing a malpractice lawsuit must pay substantial court costs, attorney's work product and costs, and expenses for expert testimony.

Causation

Doctors, nurses, and other healthcare professionals are human beings and they make mistakes. When these errors reach the point of being considered malpractice, patients can suffer life-threatening injuries. It requires legal and medical expertise to prove that a healthcare provider has breached their in duty and caused harm. A successful lawsuit must establish four legal elements: a doctor-patient relationship; a physician's professional obligation to the patient; the doctor's breach of this obligation; and the injury that resulted from that breach.

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

Medical experts are often needed early in the process to determine all of these factors. Under Rhode Island law, only doctors with the right knowledge, education, experience, skill, and knowledge regarding the area of alleged malpractice can give expert testimony in the matter. This is why selecting an expert medical professional who is competent is an essential element of an investigation into a case of malpractice.

Damages

Medical malpractice lawsuits are designed to recover damages that include past and future expenses due to an injury. These expenses can include hospital bills, doctor's visits as well as pain and discomfort and lost wages. The jury will decide on the amount of damages that will be awarded in accordance with the evidence presented.

During the trial, the lawyer or plaintiff must prove four main legal elements: (1) a physician owed them a professional duty; (2) the doctor breached this duty by acting negligently; (3) the doctor's negligence caused injuries and (4) the damage caused by the injury was quantifiable. Dissatisfaction with a physician's work is not considered to be malpractice, but a specific injury must be present. A qualified expert witness will be able to determine whether a physician was not following the standard of care.

The legal process for a malpractice claim can last years. This is because "discovery" involves the exchange of documents, and sworn statements from the parties involved. Many cases are settled before reaching the courtroom. However, a tiny amount of these claims make it to the jury trial stage.

In order to cut down on litigation costs, some states have taken a variety of administrative and legislative steps that are collectively known as tort reform measures to limit the liability for malpractice. Some states have also implemented alternative dispute resolution schemes including binding arbitration. The goal of these alternative methods to civil litigation is to reduce costs for litigation and speed up the process of settling malpractice claims while eliminating overly generous juries and screening out frivolous medical claims.