How to File a Medical Malpractice Lawsuit

A patient who believes that he has suffered losses as the result of an error made by a medical professional can file a medical malpractice attorneys 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 laws and procedures.

Duty of care

A doctor, surgeon or nurse, or any other health professional, owes their patients a duty of care. This legal concept states that every health professional who treats you must follow the accepted medical procedures.

This medical standard of care is a legal metric using which any malpractice claim is judged. It is essential to a successful claim as it provides a way for the person who was injured and his or attorney to establish negligence by proving a health professional did not meet the standard of the medical care.

Proving that this standard of care is met often requires the assistance of a medical expert witness. These experts are crucial in determining the standard of care applicable to the particular case, and the extent to which defendants have did not meet that standard.

Additionally it is imperative to establish that the breach of duty was responsible for your injury or illness. In medical malpractice cases, damages typically include hospital costs, loss of income and earning capacity in addition to pain and suffering, diminished quality of life and even punitive damages. Your lawyer must prove the relevant amount of these damages, which can be more than your original medical expenses. In certain situations it's easier than in others. In certain cases this is more straightforward than in other situations.

Breach of duty

A physician has an obligation to act in accordance with the medical standards of care when providing treatment or services. If a physician violates this obligation and an injury occurs an injured patient could pursue a malpractice claim.

Medical negligence can refer to various actions, including mistakes in diagnosis, medication dosage and health management, treatment and post-care. To make a claim valid the plaintiff has to prove four legal elements. These include:

First, there must be an established doctor-patient relationship. The physician has a duty to inform patients of any risks or complications that may be involved during the procedure. Even if the procedure is done correctly, the doctor could be held liable for malpractice in the event they fail to warn the patient. If the doctor failed to warn the patient that a certain procedure was likely to have 30% chance of causing loss of limbs, then the patient would not have consented to it.

The second element to be proved is a breach in the standard of care. To do this, the lawyer has to provide expert witness testimony to establish that the physician violated the standard of care. Additionally, it must be established that the negligence caused the patient's injury.

The court system can be slow to resolve medical negligence cases. This is due to the fact that it requires a lot of time from both the physician and attorney, in addition to extensive research and interviews with experts and a thorough study of medical and legal literature. Physicians who are facing a malpractice lawsuit will need to pay high court fees, attorney costs and work products, in addition to expenses for expert testimony.

Causation

Nurses, doctors and other healthcare professionals are individuals and they make mistakes. When these mistakes reach the level of medical malpractice, patients suffer 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 claim must prove four legal elements: a physician-patient relationship; the doctor's professional obligation to the patient; the breach by the doctor of that obligation; and any injury that results from the breach.

It is also necessary to prove that the doctor's departure from the standards of care was a direct and most likely cause of the injury. This is a more stringent legal standard than "beyond reasonable doubt" in criminal cases. The lawyer representing the plaintiff must convince the jury/factfinder that it is more likely than not that the doctor's actions were negligent, and that negligence was a result of the injury.

Expert medical witnesses are typically required at the beginning of the process to establish all of these factors. According to Rhode Island law only doctors with sufficient knowledge, experience and training in the field of alleged malpractice are allowed to give expert testimony. This is why selecting an expert in medical expertise is an essential element of the malpractice case.

Damages

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

The plaintiff or their attorney must establish four legal elements in the trial: (1) the physician was bound by a duty to them; (2) the doctor did not fulfill this duty due to negligence; (3) the doctor’s negligence caused injury; (4) the injury resulted in measurable damages. Dissatisfaction with a physician's work isn't a cause of malpractice, but an actual injury must be present. An expert in medical practice can determine if a physician has strayed from the norm of care.

The legal procedure for a claim of malpractice could last for years. This is because "discovery" involves the exchange of documents, and the sworn statements of the parties involved. While a majority of cases settle before reaching the courtrooms, a portion of these cases go all the way to a jury trial and verdict.

In an effort to cut costs associated with litigation, some states have adopted a number of administrative and legislative actions, collectively referred to as tort reform measures to reduce liability for negligence. In addition, some states have implemented alternative dispute resolution methods such as binding arbitration on a voluntary basis. These alternatives to civil litigation are designed to decrease cost of litigation, speed up settlement and handling of malpractice claims, remove overly generous juries, and filter out claims that are frivolous.