How to File a Medical Malpractice Lawsuit

A patient who believes he or she suffered losses due to a mistake made by a healthcare provider may make a claim for medical malpractice law firm (Full Article) malpractice. These cases are different from the typical personal injury lawsuits in that they employ an established standard of care to determine negligence.

In the United States, malpractice claims are settled through state trial courts. Each state has its own set of laws and Medical Malpractice Law Firm procedures.

Duty of care

A surgeon, doctor, nurse, or any other health professional, owes their patients the duty of care. The law states that any health care professional treating you has an obligation to follow accepted medical malpractice law firms practices without omission or deviation.

The medical standard of care is a legal yardstick that any medical malpractice claim will be judged. It is vital to a successful case, because it lays out an exact method for the injured party and their attorney to establish negligence by proving that a health care professional failed to adhere to the standard of care.

A qualified medical expert is often needed to prove the standard of care. They are crucial in establish the relevant medical standard of care and proving that standard was breached by the defendants in a medical malpractice case.

In addition, it is necessary to demonstrate that the breach of duty caused your injury or illness. In medical malpractice cases, the damages typically include hospital costs as well as loss of income and future earning capacity as well as pain and suffering, loss of quality of life, and even punitive damages. Your lawyer will need to prove the amount of damages you are entitled to, which could be higher than your initial medical costs. In some cases this is less difficult than in others. Many doctors work at hospitals that provide them with staff privileges, and in these instances, a doctor's employer may be held responsible by virtue of theories of vicarious liability.

Breach of duty

A doctor has a responsibility towards the patient to comply with the medical standards of care when providing medical treatment or services. When a doctor violates that obligation and an injury occurs the patient is injured, the patient may seek compensation for malpractice.

Medical negligence can refer to a wide range actions, such as errors in diagnosis, dose of medication, health management, treatments and aftercare. In order for a lawsuit to be valid the plaintiff must show four legal elements. These are:

The first requirement is a doctor-patient relationship. The physician has obligation to inform the patient about any risks or potential complications that could arise from the procedure. Even if the procedure was completed in a perfect manner, the doctor could be held accountable for their actions if they fail to inform the patient. If the doctor failed to inform the patient that a certain procedure could have the chance of losing limbs, the patient may not have gotten consent.

The second thing that must be proved is a breach of the standard of care. To prove this, the lawyer has to have expert witness testimony to prove that the physician deviated from the standard of care. Additionally, it must be established that the negligence caused the patient's injury.

It may take a lengthy time to complete medical negligence claims in the court system, which includes a great deal of physician and attorney time, extensive review of the records, interviewing experts and conducting research into the legal and medical literature. A doctor who is facing a malpractice suit will have to pay for high court costs along with attorney fees and work products, in addition to expenses for expert testimony.

Causation

All healthcare professionals including nurses, doctors and other healthcare professionals are humans and will make mistakes. When these mistakes are at the point of being considered malpractice, patients could be afflicted with life-threatening injuries. The proof that a health care provider violated his or duty and caused injury requires the knowledge of a lawyer and medical professional. A successful lawsuit must establish four legal elements: a physician-patient relationship; a doctor's professional obligation to the patient; the doctor's breach of that obligation; and any injury that results from the breach.

The injury has to be proven to be caused by the doctor's deviation from the standard of medical care. This is a more stringent legal standard than "beyond reasonable doubt" in criminal cases. The lawyer representing the plaintiff has to convince the jury/fact finder it is more likely than not that the doctor's actions were negligent, and that negligence was a cause of the injury.

A medical expert is often required at the beginning of the process to help identify all of these elements. According to Rhode Island law, only doctors with a sufficient education, training, experience as well as expertise in the field of the accused malpractice can provide evidence of an expert in the case. This is the reason why selecting an expert in medical expertise is an essential element of the case of a malpractice.

Damages

A medical malpractice lawsuit aims to recover damages, which include future and past expenses related to an injury. These costs could include hospital bills, doctor visits, pain and suffering and lost wages. The amount of damages given is determined by the jury based on the evidence submitted.

During the trial the lawyer or plaintiff must prove four main legal elements: (1) a physician had a professional obligation to them; (2) the doctor breached this duty by acting negligently; (3) the doctor's negligence caused injury and (4) the injuries caused by negligence resulted in damages. Unsatisfaction with the doctor's work is not a sign of negligence, but a real injury must be evident. A professional witness can help to clarify whether a doctor has violated the standards of care.

The legal process for a malpractice lawsuit can go on for years, and involve a significant amount of time spent in "discovery," which involves the exchange of documents and statements given under oath to the parties involved in the case. While many cases end up being settled before reaching the courtroom, a small percentage of these claims make it all through to a jury trial and verdict.

To reduce the cost of litigation, a few states have enacted a variety of administrative and legislative measures, collectively referred to as tort reform measures, to limit liability for negligence. Additionally, a handful of states have implemented alternative dispute resolution procedures like voluntary binding arbitration. These alternatives to civil litigation are designed to decrease costs of litigation, speed up the resolution and handling of malpractice claims, eliminate overly generous juries, and screen out claims that are not worth the effort.