How to File a Medical Malpractice Lawsuit
A patient who believes he or she has suffered losses because of a health care provider's mistake can file a medical malpractice lawsuit. These cases differ from other personal injury claims in that they rely on the professional standard of care to determine negligence.
In the United States, malpractice claims are resolved through state trial courts. Each state has its own laws and procedures.
Duty of care
A surgeon, doctor, nurse or other health care professional is required to provide care to their patients. This legal concept essentially states that any health professional treating you has the obligation to adhere to accepted medical practices without deviation or omission.
The medical standard of care is the legal standard against which all medical malpractice claims are weighed. It is essential to a successful claim, because it offers a means for the injured person and their attorney to show negligence by proving the medical professional did not adhere to the standard of medical care.
The proof of this standard of treatment often requires the assistance of a
medical malpractice law firm expert witness. They are essential to establish the relevant medical standard of care and the manner in which this standard was violated by the defendants in a medical malpractice case.
It is also important to show that this breach of duty caused your injury, illness or death. In medical malpractice cases, the damages typically include hospital bills as well as loss of income, future earning capacity in addition to pain and suffering, diminished quality of life and even punitive damages. Your lawyer must prove the exact amount of these damages, which can exceed your original medical expenses. This is a little easier in certain cases than others. In some cases this is more straightforward than in others.
Breach of duty
A physician owes the patient a duty to act in accordance to medical standards of care when delivering services or treatments. If a doctor fails to comply with that obligation and an injury occurs, an injured patient can pursue a malpractice claim.
Medical negligence can encompass many different actions, for example, errors in diagnosis, medication dose, health management, treatments and post-care. To be able to claim valid the plaintiff must show four legal elements. These are:
First, there must be a trusting relationship between the doctor and the patient. The physician is obliged to inform patients of any risks and complications that may be involved in the procedure. Even if the procedure is done correctly, the doctor could be held accountable for negligence when they fail to notify the patient. If the doctor didn't warn the patient that a specific procedure had the chance of causing limb loss, then the patient would not have consented to it.
The second aspect to be proved is an infraction to the standard of care. To demonstrate that the doctor's actions were different from the standard of care, the lawyer will require an expert witness testimony. In addition, it must be established that the breach caused injury to the patient.
It takes a long time to settle medical negligence claims in the court system. This involves a significant amount of doctor and attorney time, a thorough examination of records, interviews with experts and conducting research into the legal and
medical malpractice attorney literature. Physicians who are facing a malpractice lawsuit will be required to pay high court fees, attorney's products and costs, and expenses for expert testimony.
Causation
All healthcare professionals, including doctors, nurses, and other healthcare providers, are human and make mistakes. When these mistakes reach the point of being considered negligence, patients could suffer serious and life-changing injuries. It takes the expertise of both lawyers and doctors to prove that a healthcare provider has acted negligently in duty that caused injury. A successful case requires four legal elements to prove: a physician-patient relation, the doctor's duty of care towards the patient, the doctor's failure to fulfill this duty, and then the injury caused by the breach.
It is also necessary to prove that the physician's deviation from the standards of care was the direct and proximate cause of the injury. This element is a higher legal standard than "beyond reasonable doubt" in criminal cases. The plaintiff's attorney must convince jurors or the fact-finders that it is more than likely that the negligence of the doctor caused the injury.
An expert medical witness is usually required early in the process to establish the validity of all these elements. Under Rhode Island law, only doctors with a sufficient knowledge, education, experience and expertise in the field of the suspected malpractice can provide evidence of an expert in the case. This is why choosing an expert in medical expertise is such an important aspect of the malpractice case.
Damages
Medical malpractice lawsuits seek to recover damages which include the future and past expenses due to an injury. These expenses could include hospital bills or doctor visits, the cost of suffering and wages. The amount of damages given is determined by the jury according to the evidence that is presented.
During the trial the lawyer or plaintiff 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 caused damages that are quantifiable. A dissatisfaction with a doctor's work is not a sign of malpractice, but an actual injury must be present. An expert witness will help to clarify whether a doctor was not following the standard of care.
The legal process for a malpractice claim can last for several years, with lots of time spent in "discovery," which involves the exchange of documents and statements that are oath-taking by the parties involved in the case. Although many cases are settled prior to reaching the courtroom, a minority of these claims make it all the way to an appeal to a jury and a verdict.
To limit malpractice liability Certain states have enacted a number legislative and administrative measures collectively known as tort reform. Some states have implemented alternative dispute resolution schemes including binding arbitration. The goal of these alternatives to civil litigation is to cut down on costs for litigation and speed up the handling of malpractice claims by removing juries with excessively generous verdicts and weeding out unnecessary
Medical Malpractice Law Firm claims.