How to File a Medical Malpractice Lawsuit
A patient who believes that he or she has suffered a loss as the result of the negligence of a healthcare provider could file a medical negligence lawsuit. These cases differ from the typical personal injury lawsuits in that they rely on a professional standard of care to determine 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 doctor, surgeon or nurse, or any other health care professional, owes their patients the obligation of care. This legal doctrine states that anyone who is a health professional treating patients is bound to adhere to accepted medical practices.
The medical standard of care is a legal standard using which any malpractice claim is measured. It is vital to a successful case, since it lays out a specific way for the injured party and his or her attorney to prove negligence by proving that a medical professional did not meet the standard of care.
The proof of this standard of treatment usually requires the assistance of a qualified medical expert witness. They are essential to establishing the relevant medical standards of care, and also determining how this standard was violated by the defendants in a medical negligence case.
Additionally it is imperative to prove that the breach of duty led to your injury or illness. In
medical malpractice lawsuits damages could include hospital expenses, lost income, future earning capacity, suffering, pain and even punitive damage. Your lawyer must prove the relevant amount of these damages, which may be greater than the original medical expenses. In certain situations, this is easier than in others. A lot of doctors work in hospitals that provide them with staff privileges. In these instances, a doctor's employer may be held responsible under theories of vicarious responsibility.
Breach of duty
A physician has the duty of acting in accordance with medical standards of care when delivering treatment or services. If a patient is injured due to negligence of a doctor may file a malpractice suit.
Medical negligence can result from a wide range of actions, including erroneous diagnosis, dosage of medications and health management, as well as treatment and follow-up care. To make a claim valid the plaintiff must show four legal elements. These include:
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. Even if the procedure is performed perfectly, the physician could be held accountable for their actions in the event they fail to warn the patient. If the doctor didn't inform the patient that a particular procedure could have a 30% chance of losing limbs, the patient may not have consented.
The second thing to be proven is an infraction to the standard of care. To prove this, the lawyer needs to be able to present expert testimony to establish that the physician violated the standard of care. It is also necessary to prove that the breach of the standard of care resulted in the patient's injuries.
It takes a long time to complete medical negligence claims in the court system. It involves a significant amount of doctor and attorney time, a thorough review of records, interviewing experts and research into the legal and medical literature. Physicians who are facing a malpractice lawsuit will need to pay high court costs including attorney costs, work products, in addition to expenses for expert testimony.
Causation
Doctors, nurses and other healthcare professionals are people and they make mistakes. When these errors reach the point of being considered negligence, patients may suffer life-threatening and fatal injuries. It requires legal and medical expertise to prove that a health provider has acted negligently in duty and caused harm. A successful claim must prove four legal elements: a doctor-patient relationship; a doctor's professional duty to the patient; the breach by the doctor of that obligation; and the injury that resulted from that breach.
The injury has to be proven to have been caused by the doctor's deviance from the standard of medical care. The legal standard for this element is higher than "beyond a reasonable doubt" required in criminal cases. The plaintiff's attorney must convince jurors or the fact-finders that it is more than likely that negligence of the physician caused the injury.
Expert medical witnesses are typically required early in the process to establish the validity of all these factors. According to Rhode Island law, only doctors who have sufficient education, training, experience, skill, and knowledge in the field of accused malpractice can provide expert testimony in the matter. This is the reason why selecting a qualified medical expert is an essential element of the malpractice case.
Damages
Medical malpractice lawsuits are designed to recover damages which include past and future expenses caused by an injury. The costs could include hospital bills, doctor's appointments as well as pain and discomfort and lost wages. The amount of damages paid is determined by the jury based on the evidence submitted.
The plaintiff or their lawyer must prove 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 injury; (4) the injury caused damages that were quantifiable. Dissatisfaction with a physician's work does not constitute negligence, but a real injury has to be evidenced. A professional witness can help to determine whether a physician has violated the standards of care.
The legal process for a malpractice claim can take several years. This is because "discovery" involves the exchange of documents and sworn statements from the parties involved. While a majority of cases settle before reaching the courtroom, only a few of these claims will go all the way to a jury trial and a verdict.
To limit liability for malpractice Certain states have taken a number legislative and administrative measures collectively known as tort reform. Some states have implemented alternative dispute resolution strategies including binding arbitration. The purpose of these alternative methods to civil litigation is to reduce costs for litigation and speed up the process of settling malpractice claims while eliminating overly generous juries and weeding out unnecessary medical claims.