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How to File a Medical Malpractice Lawsuit

A patient who believes he has suffered losses because of the negligence of a healthcare provider can file a medical malpractice lawsuit. These cases differ from the typical personal injury lawsuits by using 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 own set of rules and procedures.

Duty of care

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

The medical standard of care is the legal standard against which all medical malpractice claims are weighed. It is vital to a successful claim, because it offers a means for the person who was injured and their lawyer to establish negligence by proving the health professional failed to conform to the standards of care.

A medical expert with a degree is usually required to establish the standard of care. These experts are crucial in establishing the standard of care applicable to the particular case and also determining how defendants allegedly violated that standard.

It is also necessary to prove that the breach of duty was the cause of your injury, illness, or death. In medical malpractice cases, damages usually include hospital expenses, loss of income and earning capacity, pain and suffering, diminished quality of life and even punitive damages. Your lawyer will need to show the amount of damages you are entitled to, which could be greater than the original medical costs. In certain situations this is less difficult than in others. In some cases this is more simple than in others.

Breach of duty

A doctor is bound towards the patient to comply with medical standards of care in providing treatment or services. If a physician fails to fulfill that duty and the injury results the patient is injured, the patient may file a malpractice lawsuit.

Medical negligence can be a result of various actions, including erroneous diagnosis, medication dosage, health management, treatment and post-treatment. To be able to claim valid the plaintiff must show four legal elements. These are:

In the first place, there needs to be a connection between the doctor and the patient. The doctor has a responsibility to inform patients about any risks and issues that may arise with the procedure. Failure to inform the patient of any risks or complications could render the physician liable for mistakes, even though the procedure was carried out perfectly. If the physician did not warn the patient that a particular procedure was likely to have 30% chance of losing limbs, the patient could not have consented.

The next thing to be proven is a breach of the standard of care. To demonstrate that the doctor's actions were different from the standard of care, a lawyer will need expert witness testimony. Additionally, it must be established that the breach caused the patient's injury.

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

Causation

Nurses, doctors, and other healthcare professionals are individuals and they make mistakes. When these mistakes are at the point of being considered malpractice, patients can suffer life-threatening and fatal injuries. Proving that a medical provider violated his or their duty and caused injury requires legal and medical knowledge. A successful claim must demonstrate four legal elements: a doctor-patient relationship; the medical professional's duty to the patient; the doctor's breach of that duty; and injury resulting from that breach.

The injury must be proven to have been caused by the doctor's deviance from the standard of medical care. This element is a higher legal standard than "beyond reasonable doubt" in criminal cases. The plaintiff's lawyer must convince the jury/fact finder it is more likely than not that the doctor's actions were negligent and that negligence was a cause of the injury.

Expert medical testimony is often required early in the process to establish all of these factors. According to Rhode Island law only doctors with a sufficient degree of education, training and experience in the area of the claimed malpractice can provide expert testimony. 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 the future and past expenses incurred as a result of an injury. These expenses might include hospital bills, doctor visits, injuries and suffering, and even lost wages. The amount of damages paid is determined by the jury by the evidence presented.

The plaintiff or their attorney must establish four legal elements during 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 injuries; (4) the injury resulted in measurable damages. A dissatisfaction with a doctor's work is not a sign of negligence, but a real injury must be evident. A qualified expert witness will be able to determine if a doctor deviated from the standard of care.

The legal process for a malpractice lawsuit can go on for a long time, with a lot of time spent in "discovery," which involves the exchange of documents and the statements given under oath to the parties involved in the case. Many cases are resolved before they ever reach the courtroom. However, only a small percentage of these claims are able to proceed to the trial stage for jury.

In an effort to reduce the cost of litigation, a few states have adopted a number of administrative and legislative steps, known collectively as tort reform measures to limit liability for malpractice. A few states have also implemented alternative dispute resolution strategies that include binding arbitration. The objective of these alternatives to civil litigation is to decrease litigation expenses and expedite the treatment of malpractice claims, by removing juries with excessively generous verdicts and removing frivolous medical malpractice attorneys claims.