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How to File a Medical Malpractice Lawsuit

A patient who believes that he or she is suffering a loss because of a health care provider's mistake can file a medical malpractice lawsuit. These cases differ from other personal injury claims in that they rely on an established 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 own set of rules and procedures.

Duty of care

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

This medical standard of care is a legal measure using which any malpractice claim will be judged. It is crucial for a successful case because it lays out the specific procedure for the person who was injured and his or her attorney to prove negligence by proving that a medical professional failed to adhere to the standards of care.

Proving this standard of care often 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 how the defendants violated that standard.

In addition it is imperative to show that the breach of duty was responsible for your injury or illness. In medical malpractice cases, damages can include hospital expenses loss of income and future earning capacity, pain, suffering, and even punitive damage. Your lawyer must establish the exact amount of these damages, which can exceed your original medical expenses. In certain cases it is simpler than in others. In some cases this is more straightforward than in other cases.

Breach of duty

A doctor is bound by the obligation to act in accordance to medical standards of care when providing treatment or services. When a doctor violates that obligation and an injury occurs an injured patient could pursue a malpractice claim.

Medical negligence can involve a wide range of actions, including errors in diagnosis, dosage of medications as well as health management, treatment and post-treatment. A lawsuit is considered valid if the plaintiff can prove four legal aspects. These include:

The first requirement is a doctor-patient relationship. The doctor has a responsibility to inform patients about any risks or issues that may arise during the procedure. Failure to inform the patient of any risks or complications could render the doctor liable for malpractice, even if the procedure was performed perfectly. For example, if the physician did not inform the patient that a particular operation was likely to have a 30-percent chance of losing limbs, a patient might not reasonably have consented to the procedure.

The second aspect to be proved is an infraction to the standard of care. To prove this, the lawyer has to be able to present expert testimony to prove that the physician deviated from the standard of care. Additionally, it must be proven that this breach caused injury to the patient.

The court system can be slow to resolve medical negligence cases. This is because 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 physician who is the subject of a malpractice lawsuit must to pay for high court costs, attorney costs and work products, in addition to expenses for expert testimony.

Causation

All healthcare professionals, including doctors, nurses, and other healthcare providers, are human and make mistakes. If those errors rise to the level of medical malpractice, patients are afflicted with serious and life-threatening injuries. Proving that a health care provider has breached his or duty and caused injury requires both medical malpractice attorneys and legal knowledge. A successful case must demonstrate four legal elements: a doctor-patient relationship; the doctor's professional obligation to the patient; the breach by the doctor of this obligation; and any injury that results from that breach.

The injury must be proven to be caused by the doctor's deviation from the standard of medical care. The legal standard for this part is higher than "beyond a reasonable doubt" required in criminal cases. The attorney representing the plaintiff must convince the jury/fact-finder that it is more than likely that negligence by the doctor caused the injury.

Expert medical testimony is typically required early in the process to establish all of these factors. According to Rhode Island law, only doctors with the right knowledge, education, experience and expertise in the field of the claimed malpractice can provide an expert testimony in the matter. It is for this reason that choosing an expert medical professional who is skilled is crucial in a case of medical malpractice.

Damages

A medical malpractice suit aims to recover damages, which includes the past and future expenses related to an injury. These expenses could include hospital bills, doctor's appointments as well as pain and discomfort and lost wages. The amount of damages given is determined by the jury based on the evidence presented.

During the trial the plaintiff or their attorney must prove four legal elements: (1) a physician owed them a professional duty; (2) the doctor breached this duty by acting negligently; (3) the doctor's negligence caused injury and (4) the injury caused damages that are quantifiable. Unsatisfaction with the doctor's work is not considered to be malpractice, but a specific injury must be evident. A professional witness can help to determine if a doctor has violated the standards of care.

The legal process of a malpractice case can last for years, with extensive time spent in "discovery," which involves the exchange of documents and statements that are oath-taking by the parties involved in the case. Although many cases are settled prior to reaching the courtroom, a small percentage of these claims go all the way to an appeal to a jury and a verdict.

To reduce the cost of litigation, a few states have adopted a number of legislative and administrative actions commonly referred to as tort reform measures, to reduce liability for malpractice. A few states have also implemented alternative dispute resolution strategies including binding arbitration. These alternatives to civil litigation are designed to reduce the cost of litigation, speed up handling and resolution of malpractice claims, reduce the number of generous juries, and screen out claims that are not legitimate.