How to File a Medical Malpractice Lawsuit

A patient who believes that he has suffered losses due to an error made by a medical professional may file a medical malpractice lawsuit. These cases differ from personal injury lawsuits due to the fact that they employ a professional standard 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 laws and procedures.

Duty of care

A surgeon, doctor, nurse or any other health professional, is obligated to their patients the obligation of care. 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 yardstick to which all medical malpractice claims are judged. It is vital for a successful lawsuit, as it provides a way the injured person and their attorney to demonstrate negligence by proving that a health professional did not meet the standards of care.

A medical expert with a degree is often required to prove the standard of care. These experts are vital to establish the relevant medical standard of care and proving this standard was violated by the defendants in a medical malpractice case.

In addition it is essential to establish that the breach of duty resulted in your injury or illness. In medical malpractice law firm malpractice cases, the damages often include hospital bills, loss of income and earning capacity, pain and suffering, diminished quality of life and even punitive damages. Your lawyer must prove the value of these damages, which can be more than your original medical expenses. In some cases it is simpler than in others. In certain instances this is more simple 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 providing treatments or providing services. Patients who are injured as a result of negligence by a physician may file a malpractice suit.

Medical negligence can be a result of an array of actions, including erroneous diagnosis, medical dosage of medication and health management, treatment and post-treatment. To make a claim valid the plaintiff must demonstrate four legal elements. These are the following:

The first step is to ensure there will be a connection between the doctor and the patient. The physician must have an obligation to inform the patient of any risks or problems that arise during the procedure. Failure to do this could render the doctor liable for malpractice, even if the procedure was carried out perfectly. If the physician did not warn the patient that a particular surgery had 30% chance of losing limbs, the patient might not have consented to it.

The other element to be proved is an infraction to the standard of care. To show that the doctor did not follow 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.

The court system can be slow in settling medical negligence cases. This is because it takes a lot of time from the doctor and attorney, along with extensive research interviews with experts and a thorough review of legal and medical literature. A physician facing a malpractice lawsuit will have to pay hefty court fees, attorney's work products and costs, and expenses for expert testimony.

Causation

Doctors, nurses and other healthcare professionals are people and they make mistakes. When those mistakes rise to the level of medical malpractice, patients suffer grave and life-altering injuries. It requires both legal and medical expertise to prove that a health provider has acted negligently in duty and caused injury. A successful claim requires four legal elements to be proved such as a relationship between a doctor and patient and the duty of the doctor to care for the patient, the doctor's breaching this duty, and then the injury that resulted from the breach.

It is also necessary to prove that the physician's deviation from the standard of care was the direct and proximate cause of the injury. This element has a higher legal standard than "beyond reasonable doubt" in criminal cases. The lawyer representing the plaintiff must convince jurors or the fact-finders that it is more than likely that negligence of the physician 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 a sufficient education, training, experience, skill, and knowledge in the field of the suspected malpractice can provide expert testimony in the matter. This is why choosing an expert medical professional who is competent is an essential element of an investigation into a case of malpractice.

Damages

Medical malpractice lawsuits aim to collect damages that include the past and future costs caused by an injury. These expenses could include hospital bills or doctor visits, suffering and pain, as well as lost wages. The amount of damages awarded is determined by the jury based on the evidence presented.

The plaintiff or their lawyer must prove four legal aspects during the trial: (1) the physician was obligated to them; (2) the doctor did not fulfill this duty due to negligence; (3) the doctor’s negligence caused injuries; (4) the injury led to measurable damages. The performance of a doctor is not a violation if you are unhappy with it. However, there must be an injury. An expert witness will help to determine whether a physician deviated from the standard of care.

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

To limit malpractice liability, some states have taken various administrative and legislative measures collectively known as tort reform. Additionally, a handful of states have implemented alternative dispute resolution methods like voluntary binding arbitration. These alternatives to civil litigation are designed to reduce costs of litigation, speed up the process of settling malpractice claims, avoid overly generous juries, and screen out claims that are not legitimate.