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How to File a Medical Malpractice Lawsuit

A patient who believes he or she suffered a loss because of an error made by a medical professional can file a medical malpractice lawsuit. These types of cases differ from other personal injury claims in that they rely on an established standard of care to determine negligence.

In the United States, medical malpractice claims of malpractice are handled by state trial courts. Each state has its own rules and procedures.

Duty of care

A surgeon, doctor, medical malpractice nurse or any other health care professional, owes their patients a duty of caring. This legal concept states that every health professional who treats you has a duty to adhere to the accepted medical practice.

The medical standard of care is a legal yardstick that any medical malpractice claim is judged. It is vital to a successful lawsuit, because it provides a specific method for the person who was injured and his or her attorney to prove negligence by showing that a health care professional did not meet the standard of care.

A medical expert with a degree is often needed to prove the standard of care. They are essential in setting the standards of care applicable to the case and the manner in which defendants breached this standard.

In addition it is important to prove that the breach of duty was responsible for your injury or illness. In medical malpractice cases, damages typically include hospital bills, loss of income and earning capacity along with pain and suffering loss of quality of living and even punitive damages. Your lawyer will have to prove the amount of damages you are entitled to, which could be greater than the original medical costs. This is easier in some situations than in other. In certain instances it is simpler than in other cases.

Breach of duty

A physician is responsible to the patient the obligation to act in accordance with medical standards of care when providing services or treatments. A patient who has been injured due to a doctor's negligence may file a malpractice suit.

Medical negligence can include many different actions, like mistakes in diagnosis, medication dosage and health management, treatment and post-care. For a lawsuit to be valid the plaintiff must show four legal elements. These include:

The first requirement is an established doctor-patient relationship. The doctor must be bound by an obligation to inform the patient about any risks or issues that may arise from the procedure. Failure to do this could render the physician liable for negligence, even if a procedure was carried out flawlessly. For instance, if a physician did not inform the patient that a specific procedure was likely to have an opportunity of losing 30% of limbs, a patient might not have reasonably consented to the surgery.

The second thing to be proven is a breach of the standard of care. To prove that the doctor deviated from the standard of care, a lawyer will need expert witness testimony. It must also be proven that the breach of the standard of care caused the patient's injuries.

It takes a long time to resolve medical negligence claims in the court system. This involves a significant amount of doctor and attorney time, thorough review of records, interviewing experts and conducting research into the medical and legal literature. A physician facing a malpractice lawsuit must pay substantial court costs, attorney's fees products and costs, as well as expenses for expert testimony.

Causation

All healthcare professionals including nurses, doctors and other healthcare providers are humans and will make mistakes. When these mistakes reach the point of being considered malpractice, patients could suffer life-threatening injuries. It takes legal and medical expertise to prove that a healthcare provider has acted in breach in duty and caused harm. A successful claim must prove four legal elements: a physician-patient relationship; the physician's professional obligation to the patient; the doctor's violation of this duty; and the harm that results from the breach.

The injury must be proved to be 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 lawyer representing the plaintiff has to convince the jury/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.

medical malpractice lawyers experts are often needed at the beginning of the process to help determine the validity of all these elements. Under Rhode Island law, only doctors with a sufficient training, education as well as expertise in the field of the suspected malpractice can provide expert testimony regarding the issue. This is the reason that choosing a medical expert that is competent is important in a malpractice case.

Damages

A medical malpractice lawsuit aims to collect damages, which comprise the future and past expenses resulting from an injury. These expenses could include hospital bills, doctor visits, suffering and pain, as well as lost wages. The amount of damages to be awarded is determined by a jury based on the evidence presented.

The plaintiff or their attorney must establish four legal aspects during the trial: (1) the physician had a duty to them; (2) the doctor did not fulfill this duty due to negligence; (3) the doctor’s negligence caused injury; (4) the injury resulted in measurable damages. Unsatisfaction with the doctor's work is not considered to be malpractice, but an actual injury must be present. A professional witness can help to clarify whether a doctor was not following the standard of care.

The legal process for a malpractice claim may last for years, and involve a significant amount of time spent in "discovery," which involves the exchange of documents and the statements made under oath by the parties involved in the case. While many cases settle before reaching the courtroom, a small percentage of these claims will go all the way to an appeal to a jury and a verdict.

In an effort to reduce costs of litigation, certain states have taken a variety of administrative and legislative steps, known collectively as tort reform measures, to reduce the liability for malpractice. Some states have implemented alternative dispute resolution methods like binding arbitration. These alternatives to civil litigation are designed to decrease the cost of litigation, speed up resolution and handling of malpractice claims, avoid overly generous juries, and screen out claims that are not worth the effort.