How to File a Medical Malpractice Lawsuit

A patient who believes that he or she has suffered losses because of a health care provider's mistake could file a Medical Malpractice Law firms negligence lawsuit. These cases are different from typical personal injury claims in that they use the professional standard of care 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 doctor, surgeon, nurse or other health professional is bound by a duty of care to their patients. This legal doctrine states that anyone who is a health professional treating you must follow the accepted medical procedures.

The medical malpractice lawyers standard of care is the legal standard to which all medical malpractice claims are evaluated. It is vital to a successful claim, since it lays out an exact method for the injured party and his or her attorney to establish negligence by showing that a medical professional did not meet the standards of care.

Proving the standard of care often requires the assistance of a qualified medical expert witness. They are essential in determining the standard of care applicable to the particular case and the manner in which defendants breached that standard.

In addition it is important to prove that the breach of duty caused your injury or illness. In medical malpractice cases, damages typically include hospital costs as well as loss of income, future earning capacity along with pain and suffering loss of quality of living and even punitive damages. Your lawyer must prove the exact amount of these damages, which may be greater than the original medical expenses. This is less difficult in some instances than in other. In certain instances it is simpler than in others.

Breach of duty

A physician owes the patient the 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 can make a claim for malpractice.

Medical negligence can include many different actions, such as mistakes in diagnosis, dosage of medication and health management, treatment and aftercare. A lawsuit is considered valid if the plaintiff is able to prove four legal aspects. These include:

First, there has to be a connection between the doctor and the patient. The physician must have a duty to inform the patient about any risks or complications involved in the procedure. Even if the procedure was completed in a perfect manner, the doctor may be liable for malpractice in the event that they fail to inform the patient. For instance, if the physician did not inform the patient that a specific procedure was likely to have a 30-percent chance of losing limbs, a patient could not have reasonably consented to the procedure.

The second element to be proven is a breach of the standard of care. To prove this, the lawyer needs to provide expert witness testimony to establish that the physician did not follow the standard of care. It must also be proved that the breach of the standard of care caused the patient's injuries.

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

Causation

All healthcare professionals including doctors, nurses and other healthcare professionals are human and have the potential to make mistakes. When these mistakes reach the level of malpractice, patients can suffer life-threatening and fatal injuries. Proving that a medical provider violated his or her duty and caused an injury requires both medical and legal knowledge. A successful claim requires four legal elements to prove such as a relationship between a doctor and patient and the duty of the doctor to care to the patient, the breach of this duty, and then the harm caused by the breach.

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

Expert medical testimony is typically required early in the process to establish all these factors. According to Rhode Island law only doctors with the right knowledge, experience and training in the field of alleged malpractice are allowed to give expert testimony. This is why choosing an expert medical professional who is competent is a crucial aspect of the case of a malpractice.

Damages

Medical malpractice lawsuits seek to recover damages which include the past and future costs incurred as a result of an injury. These expenses might include hospital bills, doctor visits, injuries and suffering, and even lost wages. The jury will determine the amount of damages to be awarded by examining the evidence.

During the trial the plaintiff or their attorney must prove four main legal elements: (1) a physician was obligated to perform a professional obligation; (2) the doctor violated this duty by acting negligently; (3) the doctor's negligence caused injuries and (4) the damage caused by the injury was quantifiable. A doctor's actions are not a breach of professional standards if you're dissatisfied with it. However, there need to be a repercussion. A medical professional can determine if a physician has strayed from the standard of medical practice.

The legal process for a malpractice claim may last for years, with extensive time spent in "discovery," which involves the exchange of documents and the statements that are oath-taking by the parties involved in the case. A majority of cases are settled before they reach the courtroom. However, a small number of these claims make it to the stage of trial for a jury.

To reduce costs of litigation, certain states have enacted a variety of administrative and legislative measures, known collectively as tort reform measures, to reduce the liability of malpractice. A few states have also implemented alternative dispute resolution systems including binding arbitration. The purpose of these alternatives to civil litigation is to cut down on costs of litigation and speed up treatment of malpractice claims, while eliminating overly generous juries and screening out frivolous medical malpractice law firms claims.