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How to File a Medical Malpractice Lawsuit

A patient who believes he or she has suffered a loss as the result of an error made by a medical professional can file a medical malpractice lawsuit. These types of cases differ from typical personal injury claims in that they use an established standard of care to determine the degree of negligence.

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

Duty of care

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

The medical standard of care is the legal benchmark against which all medical malpractice claims are measured. It is essential for a successful lawsuit, because it allows the injured person as well as their attorney to demonstrate negligence by proving that the medical professional did not meet the standard of the care.

Proving this standard of care usually requires the assistance of a qualified medical expert witness. These experts are vital to establishing the relevant medical standard of care and how that standard was breached by the defendants in a medical negligence case.

It is also essential to prove that the breach of duty was the cause of your injury, illness, or death. In medical malpractice lawsuits, damages can include hospital expenses loss of income and future earning capacity, suffering, pain and even punitive damage. Your lawyer will have to establish the amount that you are entitled to, which can be greater than the original medical costs. This is more straightforward in certain cases than others. Many doctors work in hospitals that give them staff privileges. In these instances, a doctor's employer may be held responsible under theories of vicarious responsibility.

Breach of duty

A physician is responsible to the patient a duty to act in accordance to medical standards of care when providing services or treatment. A patient who has been injured by a doctor's negligence can bring a malpractice lawsuit.

medical malpractice lawyers negligence can be a result of an array of actions, such as errors in diagnosis, dosage of medications as well as health management, treatment and post-treatment. A lawsuit is considered valid if the plaintiff is able to demonstrate four legal elements. These are the following:

First, there must be a trusting relationship between the doctor and patient. The physician has obligation to inform the patient about any risks or potential complications that could arise from the procedure. Failure to do so may render the physician liable for negligence, even if the procedure was carried out flawlessly. For example, if the doctor did not warn patients that a specific procedure was likely to have the possibility of losing 30% limbs, a patient could not have reasonably consented to the surgery.

The next thing to be proved is a breach in the standard of care. To show that the doctor did not follow from the standard of care, a lawyer will require expert witness testimony. It must also be proved that the breach of standard of care led to the patient's injuries.

It may take a lengthy time to resolve medical negligence claims in the court system. This involves a significant amount of doctor and attorney time, thorough review of the records, interviewing experts, and analyzing the legal and medical literature. A physician facing a malpractice lawsuit will be required to pay high court fees, attorney's work product and costs, and expenses for expert testimony.

Causation

All healthcare professionals such as doctors, nurses, and other healthcare providers, are human and make mistakes. If these mistakes get to the level of negligence, patients could suffer life-threatening injuries. It requires legal and medical expertise to prove that a medical provider has acted in breach of duty and thereby caused injury. A successful lawsuit must establish four legal elements: a physician-patient relationship; a doctor's professional duty to the patient; the doctor's violation of that duty; and injury resulting from the breach.

The injury has to be proven to have been resulted from the doctor's deviation 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 the jury/fact-finder that it is more than likely that negligence by the doctor caused the injury.

Expert medical witnesses are typically required at the beginning of the process to establish all these factors. According to Rhode Island law only doctors with sufficient education, training and experience in the area of the accused malpractice are permitted to give expert testimony. This is the reason that selecting an expert medical professional who is qualified is so important in a malpractice case.

Damages

Medical malpractice lawsuits are designed to recover damages that include future and past expenses that are due to an injury. These expenses can include hospital bills, doctor's appointments, pain and discomfort, and lost wages. The jury will determine the amount of damages owed by examining the evidence.

During the trial the lawyer or plaintiff must prove four legal elements: (1) a physician owed them a professional duty; (2) the doctor did not fulfill this duty when he or she acted negligently; (3) the doctor's negligence caused injury; and (4) the injuries caused by negligence resulted in damages. A doctor's actions are not considered to be malpractice if you're dissatisfied with it. But, there must be an injury. An expert witness can help to determine if a doctor was not following the standard of care.

The legal process for a malpractice claim may last for years, with extensive time spent in "discovery," which involves the exchange of documents and statements given under oath to the parties involved in the case. A majority of cases are settled before reaching the courtroom. However, a tiny percentage of these cases are able to proceed to the stage of trial by jury.

In an effort to cut costs of litigation, certain states have taken a variety of administrative and legislative actions commonly referred to as tort reform measures to limit liability for malpractice. Some states have implemented alternative dispute resolution systems like binding arbitration. These alternatives to civil litigation are designed to decrease costs of litigation, speed up the handling and resolution of malpractice claims, avoid overly generous juries, and filter out frivolous claims.