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How to File a Medical Malpractice Lawsuit

A patient who believes that he or she suffered losses due to a mistake made by a health care provider may sue for medical malpractice. These cases are different from the typical personal injury lawsuits by using the professional standard of care to determine negligence.

In the United States, malpractice claims are settled through state trial courts. Each state has its laws and procedures.

Duty of care

A doctor, surgeon, nurse or other health professional is required to provide care to their patients. This legal concept basically states that any health care professional treating you owes an obligation to follow accepted medical practices without omission or deviation.

This medical standard of care is a legal measure to which any medical malpractice claim is evaluated. It is vital to a successful case, because it lays out a specific method for the injured party and their attorney to establish negligence by showing that a medical professional did not adhere to the standards of care.

A medical expert with a degree is often needed to prove the standard of care. Experts like these are crucial to establishing the relevant medical standard of care and proving this standard was violated by the defendants in a medical malpractice case.

It is also important to prove that the breach of duty directly led to your injury, illness, or death. In medical malpractice lawsuits damages could include hospital bills as well as lost income future earning capacity, suffering, pain, and even punitive damages. Your lawyer must prove the relevant amount of these damages, which could exceed your original medical expenses. In certain cases it is simpler than in other. There are many doctors who work in hospitals that grant them staff privileges. In these instances, a doctor's employer could be held liable via theories of vicarious liability.

Breach of duty

A doctor is bound towards the patient to comply with medical standards of care when providing medical treatment or services. Patients who are injured by a doctor's negligence could file a malpractice claim.

Medical negligence can be a result of many different actions, including errors in diagnosis, dosage of medication, health management, treatment and aftercare. To make a claim valid the plaintiff must demonstrate four legal elements. These are:

First, there must be an established doctor-patient relationship. The physician has a duty to inform patients of any risks or complications that could be associated in the procedure. Failure to inform the patient of any risks or complications could render the doctor liable for mistakes, even though the procedure was carried out perfectly. If the physician did not warn the patient that a particular surgery had an average of 30% risk of losing limbs then the patient would not have consented to it.

The second element to be proved is a breach in the standard of care. To prove that the doctor deviated from standard care, the lawyer will require expert witness testimony. It must also be established that the breach of standard of care led to the patient's injuries.

It could take a long time to resolve medical negligence claims in the court system, which includes a great deal of physician and attorney time, extensive review of the records, interviewing experts and conducting research into legal and medical literature. A doctor who is facing a malpractice suit will have to pay hefty court fees, attorney's product and costs, and expenses for expert testimony.

Causation

All healthcare professionals such as doctors, nurses, and other healthcare providers are human and have the potential to make mistakes. When these mistakes reach the level of medical malpractice, patients suffer severe and life-altering injuries. Proving that a healthcare provider acted in breach of his or her duty and caused an injury requires both medical and legal knowledge. A successful case must demonstrate four legal elements: a doctor-patient relationship; a doctor's professional duty to the patient; the breach by the doctor of this duty; and the harm that results from the breach.

It must also be established that the physician's deviation from the standards of care was the sole and primary cause of the injury. The legal standard for this element is higher than the "beyond a reasonable doubt" required in criminal cases. The attorney representing the plaintiff must convince the jury or fact-finder that it is more likely that negligence of the physician caused the injury.

Expert medical witnesses are often required early in the process to establish the validity of all these elements. According to Rhode Island law only doctors with sufficient knowledge, experience and training in the field of alleged malpractice are allowed to give expert testimony. This is why choosing a competent medical expert is a crucial aspect of the malpractice case.

Damages

Medical malpractice lawsuits aim to collect damages that include the past and future costs that result from an injury. These costs could include hospital bills, doctor's appointments, pain and discomfort, Medical malpractice lawsuit and lost wages. The jury will decide on the amount of damages awarded according to the evidence presented.

During the trial, the plaintiff or their attorney must prove four legal elements: (1) a physician had a professional obligation to them; (2) the doctor did not fulfill this duty when he or she acted negligently; (3) the doctor's negligence caused injury; and (4) the damage caused by the injury was quantifiable. A dissatisfaction with a doctor's work is not considered to be negligence, but a real injury has to be evidenced. Medical experts can help determine if a doctor has deviated from standard medical practice.

The legal procedure for a claim of malpractice can take years. This is because "discovery" involves the exchange of documents, and the sworn declarations of the parties involved. A majority of cases are resolved before they ever reach the courtroom. However, a small percentage of these claims make it to the stage of trial by jury.

To reduce the risk of liability for malpractice Some states have taken several administrative and legislative measures collectively known as tort reform. In addition, a few states have implemented alternative dispute resolution procedures like binding arbitration that is voluntary. These alternatives to civil litigation are designed to cut down on the cost of litigation, speed up process of settling malpractice claims, avoid overly generous juries, and screen out claims that are frivolous.