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How to File a Medical Malpractice Lawsuit

A patient who believes that he has suffered a loss as the result of a health care provider's mistake 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 extent of negligence.

In the United States, claims of malpractice are handled by 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 professional, is obligated to their patients the duty of care. This legal principle basically states that any health professional treating you owes the obligation to adhere to the accepted medical practices, without omission or deviation.

The medical standard of care is a legal measure by which any medical malpractice claim is judged. It is essential to a successful lawsuit, because it provides an exact method for the victim and their attorney to establish negligence by proving that a health care professional failed to meet the standards of care.

Proving the standard of care usually requires the assistance of a qualified medical expert witness. These experts are crucial in establishing the standard of care that applies to the case and the manner in which defendants violated the standard.

It is also necessary to establish that the breach of duty caused your injury, illness, or death. In medical malpractice lawsuits damages could include hospital expenses loss of income future earning capacity, suffering, pain and even punitive damages. Your lawyer must establish the exact amount of these damages, which could be greater than the original medical expenses. This is less difficult in some circumstances than in others. Many doctors work in hospitals that offer them staff privileges. In those situations, a physician's employer could be held liable through theories of vicarious liability.

Breach of duty

A physician is responsible to the patient the obligation to act in accordance to medical standards of care when providing services or treatment. A patient who is injured due to a doctor's negligence may file a malpractice suit.

Medical negligence can encompass various actions, such as errors in diagnosis, dosage of medications and health management, treatment and post-treatment. A lawsuit can be considered valid if the plaintiff is able to demonstrate four legal elements. These are the following:

First, there must be an established doctor-patient relationship. The physician is obliged to inform patients about any risks and complications that could be associated in the procedure. Even if the procedure was completed in a perfect manner, the doctor could be held accountable for their actions if they fail to inform the patient. If the physician did not inform the patient that a certain procedure had the chance of losing limbs then the patient would not have consented.

The second element to be proved is an infraction to the standard of care. To do this, the lawyer must be able to present expert testimony to establish that the physician did not follow the standard of care. In addition, it needs to be established that the violation caused the patient's injury.

It can take a long time to resolve medical malpractice lawyers negligence claims in the court system. It involves many hours of physician and attorney time, a thorough review of documents, appointing experts and conducting research into medical and legal literature. A doctor facing a malpractice lawsuit must pay substantial court fees, attorney's work products and costs, as well as expenses for expert testimony.

Causation

All healthcare professionals including nurses, doctors and other healthcare professionals, are human and make mistakes. When those mistakes rise to the level of medical negligence, patients can suffer grave and life-altering injuries. It requires the expertise of both lawyers and doctors to prove that a health provider has committed a breach in duty that caused injury. A successful case must demonstrate four legal elements: a physician-patient relationship; the physician's professional obligation to the patient; the breach by the doctor of this obligation; and the injury that resulted from the breach.

The injury has to be proven to have been caused by a doctor's deviation from the standard of medical care. The legal standard for this aspect is higher than "beyond a reasonable doubt" required in criminal cases. The lawyer representing the plaintiff must convince jurors or the fact-finders that it is more than likely that negligence by the doctor caused the injury.

An expert medical witness is often required early in the process to establish the validity of all these elements. According to Rhode Island law only doctors who have the proper knowledge, experience and training in the area of the claimed malpractice can provide expert testimony. It is for this reason that selecting an expert medical professional who is competent is so crucial in a case of medical 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, pain and discomfort, and lost wages. The amount of damages paid is determined by the jury by the evidence presented.

During the trial, the plaintiff or their attorney must establish four essential legal elements: (1) a physician was obligated to perform a professional obligation; (2) the doctor breached this duty by acting negligently; (3) the doctor's negligence caused injuries; and (4) the injury resulted in measurable damages. A dissatisfaction with a doctor's work does not constitute malpractice, but a specific injury must be evident. A medical professional can determine whether a physician has deviated from standard treatment.

The legal process for a malpractice case may last for many years. This is because "discovery" involves the exchange of documents, and sworn statements of the parties involved. While a majority of cases settle before reaching the courtroom, a small percentage of these cases go all the way to an appeal to a jury and a verdict.

To reduce the risk of liability for malpractice, some states have taken a number legislative and administrative measures collectively referred to as tort reform. Some states have implemented alternative dispute resolution methods including binding arbitration. The purpose of these alternative methods to civil litigation is to decrease the cost of litigation and speed up handling of malpractice claims while removing juries that are too generous and weeding out unnecessary medical malpractice law firms claims.