How to File a Medical Malpractice Lawsuit

A patient who believes that he or she has suffered losses because of an error by a doctor may file a medical malpractice lawsuit. These cases are different from typical personal injury claims by using the standards of professional care to determine negligence.

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

Duty of care

A surgeon, doctor or nurse, or any other health care professional, has a duty of caring. This legal concept basically states that any health professional 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 measured. It is vital for a successful lawsuit, since it allows for the victim and their attorney to show negligence by proving the medical professional did not meet the standard of the medical care.

Proving that this standard of care is met usually requires the assistance of a qualified medical expert witness. These experts are crucial in setting the standards of care that applies to the case and also determining how defendants allegedly infringed on this standard.

It is also important to prove that the breach of duty directly led to your injury, illness or death. In medical malpractice lawsuits damages could include hospital expenses and lost income and 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 higher than your original medical expenses. In some instances it is simpler than in others. In some cases, this is easier than in others.

Breach of duty

A physician is responsible to the patient a duty to act in accordance with medical standards of care when delivering treatments or providing services. If a doctor fails to comply with that obligation and causes injury an injured patient can make a claim for malpractice.

Medical negligence can be a result of many different actions, such as errors in diagnosis, dosage of medication and health management, treatment and follow-up care. A lawsuit must be valid if the plaintiff is able to establish four legal elements. These include:

First, there must be a doctor-patient relationship. The doctor is required to inform patients about any risks and complications that may be involved in the procedure. Failure to inform the patient of any risks or complications could render the physician liable for malpractice, even if the procedure was carried out flawlessly. If the doctor failed to warn the patient that a certain procedure could have an average of 30% risk of causing limb loss, then the patient would not have consented to it.

The next thing to be proved is a breach of the standard of care. To prove that the doctor deviated from the standard of care, the lawyer will require an expert witness testimony. It is also necessary to prove that the breach of 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 long period of time from both the physician and attorney, in addition to extensive research, interviews with experts, and a thorough review of legal and medical malpractice lawyer literature. A physician who faces an action for malpractice will have to pay court fees that are high including attorney costs, work products, in addition to expenses for expert testimony.

Causation

Nurses, doctors and other healthcare professionals are people and they make mistakes. If these mistakes get to the level of malpractice, patients could be afflicted with life-threatening injuries. It takes both legal and medical expertise to prove that a healthcare provider has acted negligently in duty that caused injury. A successful case requires four legal elements to be proven the relationship between a physician and a patient and the duty of the doctor to care for the patient, the doctor's breaching this duty, and the injury that resulted from the breach.

It must also be established that the doctor's departure from the standards of care was the primary and proximate cause of the injury. The legal standard for this aspect is higher than the "beyond a reasonable doubt" required in criminal cases. The attorney representing the plaintiff must convince the jury/fact-finder it is more than 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 who have the proper education, training and experience in the area of the claimed malpractice can give expert testimony. This is the reason that choosing an expert medical professional that is competent is crucial in a case of malpractice.

Damages

Medical malpractice lawsuits seek to recover damages that cover future and past expenses that are incurred as a result of an injury. These expenses could include hospital bills, doctor's visits as well as pain and discomfort and lost wages. The jury will determine the amount of damages to be awarded based on evidence presented.

During the trial, the plaintiff or their lawyer must prove four legal elements: (1) a physician has a professional responsibility to them; (2) the doctor violated this duty by acting negligently; (3) the doctor's negligence caused injuries and (4) the injury caused damages that are quantifiable. A doctor's performance is not a breach of professional standards if you're dissatisfied with it. However, there must be a repercussion. Medical experts can help determine if a physician has violated the standard of care.

The legal process for a malpractice lawsuit can go on for years, with extensive time spent in "discovery," which involves the exchange of documents and the statements given under oath to the parties involved in the case. While many cases end up being settled before reaching the courtroom, a small percentage of these claims go all the way to an appeal to a jury and a verdict.

In order to cut down on litigation costs, some states have adopted a number of administrative and legislative steps, known collectively as tort reform measures to limit liability for malpractice. In addition, a few states have implemented alternative dispute resolution strategies such as binding arbitration on a voluntary basis. The purpose of these alternative methods to civil litigation is to cut down on litigation expenses and expedite the treatment of malpractice claims, while removing juries that are too generous and removing frivolous medical claims.