How to File a Medical Malpractice Lawsuit

A patient who believes that he or she is suffering a loss as the result of an error by a doctor is able to file a medical malfeasance lawsuit. These cases differ from other personal injury claims in that they use 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 rules and procedures.

Duty of care

A surgeon, doctor or any other health care professional has a duty of care to their patients. This legal concept says that anyone who is a health professional treating you must follow accepted medical practices.

This medical standard of care is a legal standard to which any Medical malpractice law firm malpractice claim is measured. It is crucial to a successful case, because it offers the specific procedure for the injured party and his or her attorney to prove negligence by proving that a medical professional did not adhere to the standard of care.

The proof of this standard of treatment often requires the help of a medical expert witness. These experts are vital to establish the relevant medical standard of care and the manner in which that standard was breached by the defendants in a medical malpractice case.

It is also necessary to prove that this breach of duty caused your injury, illness or death. In medical malpractice cases, damages often include hospital bills, loss of income, future earning capacity, pain and suffering, lost quality of life and even punitive damages. 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 situations than in other. In certain cases this is more straightforward than in others.

Breach of duty

A doctor is bound by an obligation to act in accordance with the medical standards of care when delivering treatment or services. If a patient is injured as a result of negligence by a physician may file a malpractice suit.

Medical negligence can be a result of various actions, such as errors in diagnosis, medication dosage, health management, treatment and follow-up care. A lawsuit is valid if the plaintiff is able to prove four legal aspects. These include:

First, there has to be a connection between doctor and the patient. The physician has a duty to inform patients about any risks and issues that may arise in the procedure. Even if the procedure was done correctly, the doctor could be held accountable for their actions if they fail to inform the patient. For instance, if the doctor did not warn patients that a particular procedure had a 30-percent chance of losing limbs, a patient could not have logically consented to the procedure.

The other element to be proven is a breach of the standard of care. To do this, the lawyer must have testimony from an expert witness to prove that the doctor violated the standard of care. It must also be established that the breach of standard of care resulted in the patient's injuries.

The court system can be slow to resolve medical negligence cases. This is because it requires many hours of time from the physician and attorney, along with extensive research and interviews with experts and a thorough study of medical and legal literature. A doctor who is facing a malpractice lawsuit must to pay high court costs, attorney costs and work products, in addition to expenses for expert testimony.

Causation

All healthcare professionals including nurses, doctors, and other healthcare providers are humans and will make mistakes. If those errors rise to the level of medical negligence, patients can suffer serious and even life-changing injuries. It takes both medical and legal expertise to prove that a health provider has breached their of duty and thereby caused injury. A successful case requires four legal elements to prove the relationship between a physician and a patient as well as the duty of a doctor to care for the patient, the doctor's breaching that duty, and finally, the harm that resulted from the breach.

It must also be proved that the doctor's deviance from the standards of care was the sole and most likely cause of the injury. This element has 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 that negligence of the physician caused the injury.

An expert in medical practice is often required at the beginning of the process to determine all of these factors. Under Rhode Island law, only doctors who have sufficient training, education, skill, and knowledge in the field of suspected malpractice can provide expert testimony on the matter. This is the reason why selecting an expert in medical expertise is a crucial aspect of a malpractice case.

Damages

A medical malpractice suit aims to recover damages, which include the past and future expenses associated with an injury. These costs could include hospital bills, doctor's visits as well as pain and discomfort and lost wages. The amount of damages to be awarded is determined by a jury by the evidence presented.

The plaintiff or their lawyer must prove four legal elements in the trial: (1) the physician was bound by a duty to them; (2) the doctor violated this duty through negligence; (3) the doctor’s negligence caused injuries; (4) the injury led to measurable damages. Dissatisfaction with a physician's work is not a sign of malpractice, but the actual injury must be present. An expert in medical practice can determine if a doctor has deviated from standard medical practice.

The legal procedure for a malpractice claim may last for several years. This is because "discovery" involves the exchange of documents, and sworn statements from the parties involved. While many cases end up being settled before reaching the courtrooms, a portion of these claims will go all through to a jury trial and a verdict.

To limit liability for malpractice, some states have taken various administrative and legislative measures collectively referred to as tort reform. Additionally, a few states have implemented alternative dispute resolution strategies such as voluntary binding arbitration. These alternatives to civil litigation are designed to decrease the cost of litigation, speed up settlement and handling of malpractice claims, remove overly generous juries, and screen out claims that are not legitimate.