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How to File a Medical Malpractice Lawsuit

A patient who believes he or she has suffered a loss due to an error made by a medical professional can file a medical malpractice lawsuit. These cases differ from personal injury lawsuits since they employ a professional standard to determine the extent of negligence.

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

Duty of care

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

The medical standard of care is a legal standard that any medical malpractice claim is measured. It is essential to a successful lawsuit, because it lays out a specific way for the victim and their attorney to establish negligence by showing that a medical professional did not meet the standard of care.

A medical expert with a degree is often needed to prove this standard of care. Experts like these are crucial to determine the relevant medical standard of care and how the standard was violated by the defendants in a medical malpractice case.

In addition it is important to demonstrate that the breach of duty resulted in your injury or illness. In medical malpractice lawsuits damages could include hospital bills, lost income and future earning capacity, pain, suffering, and even punitive damage. Your lawyer must prove the amount of these damages, which could be greater than your initial medical expenses. In some cases, this is easier than in other. In some cases this is more simple than in others.

Breach of duty

A physician is responsible to the patient the duty of acting in accordance with the medical standards of care when delivering services or treatment. If a physician violates this duty and the injury results an injured patient could seek compensation for malpractice.

Medical negligence can refer to various actions, for example, mistakes in diagnosis, dosage of medication and health management, treatment and aftercare. To be able to claim valid the plaintiff must demonstrate four legal elements. These include:

First, there must be a trusting relationship between the doctor and patient. The doctor has a responsibility to inform patients of any risks or complications that could be associated in the procedure. Even if the procedure is completed in a perfect manner, the doctor could be held liable for malpractice in the event they fail to warn the patient. For example, if the physician did not inform the patient that a particular operation was likely to have an opportunity of losing 30% of limbs, the patient may not have reasonably consented to the surgery.

The next thing to be proven is a breach of the standard of care. To prove that the doctor deviated from standard care, the lawyer will need expert witness testimony. It is also necessary to prove that the breach of standard of care led to the patient's injuries.

It could take a long time to resolve medical negligence claims in the court system, which involves a significant amount of doctor and attorney time, thorough review of the records, interviewing experts and conducting research into the legal and medical literature. A physician who is facing a malpractice suit is required to pay significant court fees, attorney's work product and costs, medical malpractice lawsuits and expenses for expert testimony.

Causation

All healthcare professionals, including doctors, nurses and other healthcare providers are humans and will make mistakes. When these mistakes are at the point of being considered negligence, patients could suffer life-threatening injuries. The proof that a health care provider violated his or their duty and caused injury requires both medical and legal knowledge. A successful case requires four legal elements to be proved that include a doctor-patient relationship as well as the duty of a doctor to duty of care to the patient, medical malpractice lawsuits the doctor's violation of this duty, and then the injury that resulted from the breach.

The injury has to be proven to have been resulted from the doctor's deviation from the standard of medical care. This is a higher legal standard than "beyond reasonable doubt" in criminal cases. The lawyer representing the plaintiff has to convince the jury/factfinder that it is more likely than not that the doctor's actions were negligent, and that negligence was the primary factor in the injury.

An expert medical witness is typically required at the beginning of the process to establish all these factors. Under Rhode Island law, only doctors with the right training, education, expertise, and knowledge in the field of accused malpractice can provide expert testimony in the matter. This is the reason that selecting an expert medical professional who is qualified is so crucial in a case of malpractice.

Damages

Medical malpractice lawsuits are designed to recover damages which include past and future expenses due to an injury. The expenses could include hospital bills or doctor visits, suffering and pain, as well as lost wages. The jury will determine the amount of damages awarded by examining the evidence.

The plaintiff or their lawyer must demonstrate four legal elements during the trial: (1) the physician was obligated to them; (2) the doctor violated this duty through negligence; (3) the doctor’s negligence caused injury; (4) the injury led to measurable damages. Unsatisfaction with the doctor's work does not constitute negligence, but a real injury must be present. An expert witness will help to determine if a doctor did not follow the standard of care.

The legal process of 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 made under oath by the parties involved in the case. While many cases settle before reaching the courtrooms, a portion of these cases go all through to a jury trial and verdict.

In order to cut down on costs of litigation, certain states have implemented a number of administrative and legislative steps, collectively referred to as tort reform measures, to reduce the liability of malpractice. Some states have also implemented alternative dispute resolution systems that include binding arbitration. These alternatives to civil litigation are designed to cut down on the cost of litigation, speed up resolution and handling of malpractice claims, avoid overly generous juries, and screen out claims that are frivolous.