How to File a Medical Malpractice Lawsuit

A patient who believes that he has suffered a loss due to a health care provider's mistake can file a medical malpractice lawsuit. These cases are different from typical personal injury claims by using an established standard of care to determine the degree of negligence.

In the United States, malpractice claims are resolved by state trial courts. Each state has its own laws and procedures.

Duty of care

A surgeon, doctor, nurse, or any other health care professional, owes their patients a duty of care. This legal concept states that any health professional who cares for you must adhere to the accepted medical practice.

The medical standard of care is the legal standard against which all medical malpractice claims are evaluated. It is essential to a successful lawsuit, because it provides an exact method for the injured party and his or her attorney to prove negligence by proving that a health care professional failed to adhere to the standard of care.

Proving that this standard of care is met usually requires the assistance of a qualified medical expert witness. They are essential in setting the standards of care applicable to the particular case and how the defendants violated that standard.

Additionally it is essential to establish that the breach of duty caused your injury or illness. In medical malpractice claims damages could include hospital expenses, lost income, future earning capacity, pain, suffering, and even punitive damage. Your lawyer must establish the relevant amount of these damages, which may be greater than your initial medical expenses. This is a little easier in certain instances than in other. In some cases this is more straightforward than in others.

Breach of duty

A physician owes the patient a duty to act in accordance with the medical standards of care when providing treatment or services. Patients who are injured due to a doctor's negligence can bring a malpractice lawsuit.

Medical negligence can result from an array of actions, including errors in diagnosis, dosage of medication, health management, treatment and follow-up care. A lawsuit can be considered valid if the plaintiff can prove four legal elements. These are the following:

First, there has to be a relationship between the doctor and the patient. The doctor has obligation to inform the patient about any risks or problems that arise during the procedure. Even if the procedure is completed in a perfect manner, the doctor may be liable for malpractice if they fail to inform the patient. For example, if the doctor did not warn patients that a certain operation had the possibility of losing 30% legs, the patient might not reasonably have consented to the procedure.

The second thing to be proved is an infraction to the standard of care. To prove this, the lawyer has to have testimony from an expert witness to prove that the doctor did not follow the standard of care. It must also be proven that the breach of the standard of care resulted in the patient's injuries.

The court system isn't always quick to resolve medical negligence cases. This is because it takes a lot of time from both the physician and attorney, as well as extensive research interviews with experts and a thorough study of medical and legal literature. A physician who is facing a malpractice suit will have to pay hefty court fees, attorney's products and expenses, as well as expenses for expert testimony.

Causation

Doctors, nurses, and other healthcare professionals are individuals and they make mistakes. When these errors reach the level of negligence, patients could suffer life-threatening and fatal injuries. It requires legal and medical malpractice attorney expertise to prove that a healthcare provider has breached their of duty and thereby caused injury. A successful lawsuit must establish four legal elements: a doctor-patient relationship; a doctor's professional obligation to the patient; the doctor's violation of that duty; and injury resulting from the breach.

The injury has to be proven to be caused by the 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 plaintiff's attorney must convince the jury/fact-finder that it is more likely that negligence of the physician caused the injury.

Expert medical witnesses are typically required early in the process to establish the validity of all these elements. Under Rhode Island law, only doctors with the right knowledge, education, experience as well as expertise in the field of claimed malpractice can provide an expert testimony in the matter. This is why selecting a competent medical expert is an essential aspect of the malpractice case.

Damages

Medical malpractice lawsuits seek to collect damages that include past and future expenses caused by an injury. The expenses could include hospital bills or doctor visits, the cost of suffering and wages. The amount of damages given is determined by the jury according to the evidence that is presented.

The plaintiff or their lawyer must prove four legal elements at trial: (1) the physician had a duty to them; (2) the doctor breached this duty by negligence; (3) the doctor’s negligence caused injuries; (4) the injury caused damages in a tangible way. Dissatisfaction with a physician's work does not constitute negligence, but a real injury must be evident. A medical professional can determine if a doctor has violated the standard of care.

The legal process for a malpractice case can 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. Many cases are resolved before they ever reach the courtroom. However, a small number of these claims get to the stage of trial for a jury.

To limit liability for malpractice, some states have taken several administrative and legislative measures collectively known as tort reform. A few states have implemented alternative dispute resolution methods that include binding arbitration. These alternatives to civil litigation are designed to reduce cost of litigation, speed up process of settling malpractice claims, avoid overly generous juries, and filter out claims that are not worth the effort.