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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 can sue for medical malpractice. These cases differ from personal injury lawsuits since they employ a professional standard to determine the degree of negligence.

In the United States, malpractice claims are resolved through state trial courts. Each state has its own set of laws and procedures.

Duty of care

A surgeon, doctor, nurse or any other health care professional, is obligated to their patients a duty of care. This legal concept basically states that any health care professional treating you has an obligation to observe accepted medical practices without deviation or omission.

The medical standard of care is a legal yardstick that any medical malpractice claim is judged. It is vital to a successful case, as it provides a way the injured person and their lawyer to establish negligence by proving the medical professional did not meet the standards of treatment.

A medical expert with a degree is usually required to establish the standard of care. These experts are crucial in establishing the standard of medical care applicable to the particular case and how the defendants did not meet the standard.

Additionally it is essential to establish that the breach of duty led to your injury or illness. In medical malpractice lawsuits damages could include hospital expenses and lost income, future earning capacity, pain, suffering, and even punitive damages. Your lawyer will have to prove the amount of damages you are entitled to, which can be greater than the original medical costs. This is less difficult in some circumstances than in others. A lot of doctors work in hospitals that offer them staff privileges. In those instances, the doctor’s employer could be held accountable under theories of vicarious responsibility.

Breach of duty

A physician is responsible to the patient an obligation to act in accordance with medical standards of care when delivering treatment or services. A patient who is injured due to negligence of a doctor could file a malpractice claim.

Medical negligence can encompass many different actions, such as errors in diagnosis, medication dosage, health management, treatments and post-care. For a lawsuit to be valid, the plaintiff must prove four legal elements. These are:

The first requirement is a doctor-patient relationship. The physician has obligation to inform the patient of any risks or issues that may arise from the procedure. Even if the procedure was performed perfectly, the physician could be held accountable for their actions in the event that they fail to inform the patient. If the physician did not inform the patient that a particular procedure was likely to have a 30% chance of losing limbs, the patient would not have agreed to it.

The second element to be proven is a breach of the standard of care. To do this, the lawyer has to have expert witness testimony to prove that the doctor did not follow the standard of care. It must also be proven that the breach of standard of care caused the patient’s injuries.

It takes a long time to complete medical negligence claims in the court system, which involves a significant amount of doctor and attorney time, a thorough review of the records, interviewing experts and research into the medical and legal literature. Physicians who are facing an action for malpractice will have to pay for high court costs along with attorney fees and work products, as well as expenses for expert testimony.

Causation

Nurses, doctors and other healthcare professionals are human beings and they make mistakes. When these mistakes reach the level of medical negligence, patients can suffer serious and even life-changing injuries. It takes both legal and medical expertise to prove that a healthcare provider has acted negligently in duty and caused harm. A successful claim requires four legal elements to be proved: a physician-patient relation as well as the duty of a doctor to care for the patient, the doctor’s violation of this duty, and then the harm that resulted from the breach.

It must also be proved that the physician’s deviation from the standards of care was the sole and primary cause of the injury. This is a higher legal standard than “beyond reasonable doubt” in criminal cases. The plaintiff’s attorney must convince the jury or fact-finder that it is more than likely that the physician’s negligence caused the injury.

An expert medical witness is often required early in the process to establish all these elements. Under Rhode Island law, only doctors with the right education, training, experience, skill, and knowledge regarding the area of alleged malpractice can give expert testimony on the matter. This is the reason that selecting a medical expert that is competent is crucial in a case of medical malpractice.

Damages

Medical malpractice lawsuits aim to recover damages that cover past and future expenses due to an injury. These expenses might include hospital bills doctors’ visits, hospital bills, pain and suffering and lost wages. The amount of damages paid is determined by the jury based on the evidence submitted.

The plaintiff or their attorney must prove four legal elements during the trial: (1) the physician was obligated to them; (2) the doctor breached this duty by negligence; (3) the doctor’s negligence caused injuries; (4) the injury caused damages that were quantifiable. A dissatisfaction with a doctor’s work is not considered to be malpractice, but a specific injury has to be evidenced. An expert in medical practice can determine if a physician has deviated from standard care.

The legal process for a malpractice claim can 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 a majority of cases settle before reaching the courtroom, a minority of these claims will go all the way to the jury trial and verdict.

In an effort to cut costs associated with litigation, some states have implemented a number of administrative and legislative steps commonly referred to as tort reform measures, to limit the liability for malpractice. In addition, a few states have implemented alternative dispute resolution methods such as voluntary binding arbitration. These alternatives to civil litigation are designed to decrease costs of litigation, speed up the resolution and handling of malpractice claims, avoid overly generous juries, and filter out claims that are not worth the effort.