How to File a Medical Malpractice Lawsuit
A patient who believes he has suffered losses due to an error by a doctor can file a medical malpractice lawsuit. 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 handled by state trial courts. Each state has its own set of laws and procedures.
Duty of care
A surgeon, doctor, nurse or any other health professional, is obligated to their patients the obligation of care. This legal principle basically states that any health professional treating you owes a duty to uphold the accepted medical practices, without deviation or omission.
The medical standard of care is a legal metric that any medical malpractice claim is evaluated. It is vital to a successful claim, as it provides a way for the injured person as well as their attorney to establish negligence by proving the medical professional did not conform to the standards of medical care.
Proving this standard of care often requires the assistance of a qualified medical expert witness. These experts are vital to establish the relevant medical standard of care, and also determining how this standard was violated by the defendants in a
medical malpractice case.
In addition it is essential to prove that the breach of duty was responsible for your injury or illness. In
medical malpractice lawyers malpractice claims damages could include hospital expenses and lost income future earning capacity, suffering, pain, and even punitive damage. Your lawyer must prove the exact amount of the damages, which could be greater than the original medical expenses. In some instances this is less difficult than in others. In certain instances it is simpler than in others.
Breach of duty
A physician has a duty towards the patient to comply with the medical standards of care when providing treatment or services. If a doctor fails to comply with that obligation and an injury occurs the patient is injured, the patient may file a malpractice lawsuit.
Medical negligence can involve many different actions, including erroneous diagnosis, dosage of medication, health management, treatment and post-treatment. A lawsuit is valid if the plaintiff is able to prove four legal elements. These are:
First, there has to be a trusting relationship between the doctor and patient. The doctor is required to inform patients about any risks or issues that may arise with the procedure. In the absence of this, it could render the physician liable for mistakes, even though the procedure was carried out flawlessly. If the doctor did not warn the patient that a specific surgery had the chance of losing limbs, the patient could not have consented.
The next thing to be proven is a breach in the standard of care. To show that the doctor did not follow from the standard of care, a lawyer will need expert witness testimony. It must also be proved that the breach of the standard of care resulted in the patient's injuries.
The court system can be slow in settling medical negligence cases. This is due to the fact that it requires many hours of time from both the physician and attorney, in addition to extensive research and interviews with experts and a thorough study of medical and legal literature. Physicians who are who is facing a malpractice suit will be required to pay high court fees, attorney's work product and costs, and expenses for expert testimony.
Causation
Nurses, doctors and other healthcare professionals are people and they make mistakes. If those errors rise to the level of medical malpractice, patients are afflicted with severe and life-altering injuries. It requires legal and medical expertise to prove that a health provider has acted in breach in duty and caused harm. A successful claim requires four legal elements to be proven the relationship between a physician and a patient, the doctor's duty of care to the patient, the breach of this duty, and then the injury that resulted from the breach.
It is also necessary to prove that the doctor's deviation from the standard of care was the primary and most likely cause of the injury. The legal standard for this element is higher than "beyond a reasonable doubt" required in criminal cases. The plaintiff's lawyer must 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 result of the injury.
A medical expert is often required early in the process to determine the validity of all these elements. According to Rhode Island law, only doctors who have sufficient qualifications, training and expertise in the field of the alleged malpractice can give expert testimony in the matter. This is the reason that choosing an expert medical professional who is competent is so crucial in a case of malpractice.
Damages
Medical malpractice lawsuits seek to recover damages which include past and future expenses due to an injury. The expenses could include hospital bills or doctor visits, pain and suffering and lost wages. The jury will decide on the amount of damages that will be awarded by examining the evidence.
During the trial, the plaintiff or their lawyer must prove four key legal elements: (1) a physician has a professional responsibility to them; (2) the doctor did not fulfill this duty when he or she acted negligently; (3) the doctor's negligence caused injuries; and (4) the injury resulted in measurable damages. Dissatisfaction with a physician's work is not a sign of negligence, but a real injury must be present. An expert in medical practice can determine whether a physician has violated the standard of care.
The legal procedure for a claim of malpractice can last years. This is because "discovery" involves the exchange of documents and the sworn declarations of the parties involved. A majority of cases are settled before reaching the courtroom. However, a smaller percentage of these claims get to the jury trial stage.
In an effort to reduce costs associated with litigation, some states have taken a variety of administrative and legislative measures, collectively referred to as tort reform measures to reduce liability for negligence. Some states have implemented alternative dispute resolution strategies, such as binding arbitration. The purpose of these alternatives to civil litigation is to reduce costs of litigation and speed up process of settling malpractice claims while eliminating overly generous juries and weeding out unnecessary medical claims.