How to File a Medical Malpractice Lawsuit

A patient who believes that he or she has suffered a loss as the result of an error made by a medical professional can file a medical malpractice lawsuit. 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 surgeon, doctor or any other health care professional has a duty of care to their patients. The law states that any health care professional who treats you has an obligation to follow accepted medical practices without deviation or omission.

This medical standard of care is a legal measure by which any medical malpractice claim is measured. It is vital for a successful case because it provides an exact method for the injured party and his or her attorney to establish negligence by proving that a health care professional failed to adhere to the standards of care.

Proving this standard of care usually requires the assistance of a qualified medical expert witness. These experts are vital to establishing the relevant medical standard of care and how this standard was violated by the defendants in a medical negligence case.

In addition it is essential to show that the breach of duty caused your injury or illness. In medical malpractice lawsuits damages could include hospital bills and lost income future earning capacity, pain, suffering, and even punitive damage. Your lawyer must prove the amount of damages you are entitled to, which may be higher than your initial medical costs. This is easier in some instances than in other. Many doctors work in hospitals that provide them with staff privileges, and in those instances, the doctor's employer could be held liable by virtue of theories of vicarious liability.

Breach of duty

A physician has a duty to the patient to follow medical standards of care when providing medical treatment or services. If a doctor fails to comply with that obligation and an injury occurs an injured patient can pursue a malpractice claim.

Medical negligence can involve many different actions, including mistakes in diagnosis, dosage of medications as well as health management, treatment and follow-up care. In order for a lawsuit to be valid the plaintiff has to prove four legal elements. These include:

First, there must be a doctor-patient relationship. The physician must have obligation to inform the patient about any risks or potential complications that could arise from the procedure. Failure to inform the patient of any risks or complications could render the physician liable for mistakes, even though the procedure was carried out flawlessly. For instance, if the physician did not inform the patient that a specific procedure was likely to have 30 percent chance of losing legs, the patient might not reasonably have agreed to the surgery.

The next thing 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. It must also be established that the breach of the standard of care resulted in the patient's injuries.

The court system can be slow in settling medical negligence cases. This is because it requires a long period of time from the doctor and attorney, as well as extensive research and interviews with experts and a thorough review of legal and medical literature. A doctor who is who is facing a malpractice suit will be required to pay high court costs, attorney's fees product and costs, and expenses for expert testimony.

Causation

Doctors, nurses, and other healthcare professionals are individuals and they make mistakes. When those mistakes rise to the level of medical malpractice, patients are afflicted with grave and life-altering injuries. It takes the expertise of both lawyers and doctors to prove that a medical provider has acted in breach of duty and thereby caused injury. A successful lawsuit must establish four legal elements: a physician-patient relationship; a physician's professional obligation to the patient; the doctor's violation of that duty; and injury resulting from that breach.

It must also be proven that the doctor's deviation from the standard of care was a direct and proximate cause of the injury. The legal standard for this factor is higher than the "beyond a reasonable doubt" required in criminal cases. The lawyer representing the plaintiff must convince the jury or fact finder that it is more likely than not that the physician's actions were negligent and that negligence was the primary cause of the injury.

A medical expert is usually needed early in the process to help establish all of these elements. According to Rhode Island law only doctors who have the proper education, training and experience in the field of claimed malpractice can give expert testimony. This is the reason that choosing an expert medical professional who is competent is so crucial in a malpractice case.

Damages

A medical malpractice lawsuit is designed to recover damages that include the past and future costs associated with an injury. The expenses could include hospital bills, doctor visits, suffering and pain, as well as lost wages. The jury will decide on the amount of damages to be awarded based on evidence presented.

The plaintiff or their lawyer must demonstrate four legal elements during the trial: (1) the physician had a duty to them; (2) the doctor in breach of this duty through negligence; (3) the doctor’s negligence caused injury; (4) the injury resulted in measurable damages. Unsatisfaction with the doctor's work is not considered to be negligence, but a real injury must be present. A medical expert can help determine whether a doctor has violated the standard of treatment.

The legal process of a malpractice claim may 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. A majority of cases are settled before reaching the courtroom. However, a smaller percentage of these cases get to the trial stage for jury.

To limit the liability of malpractice Some states have taken various administrative and legislative measures collectively known as tort reform. In addition, some states have implemented alternative dispute resolution schemes such as binding arbitration on a voluntary basis. These alternatives to civil litigation are designed to decrease costs of litigation, speed up the settlement and handling of malpractice claims, remove overly generous juries, and filter out frivolous claims.