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How to File a Medical Malpractice Lawsuit

A patient who believes he is suffering a loss as the result of an error by a doctor can file a medical malpractice lawsuit. These cases differ from personal injury lawsuits because they use a professional standard to determine the extent of negligence.

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

Duty of care

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

The medical standard of care is the legal benchmark against which all medical malpractice claims are evaluated. It is vital to a successful case, as it provides a way the injured person and his or attorney to demonstrate negligence by proving that the health professional failed to meet the standard of the medical care.

A medical expert with a degree is often required to prove the standard of care. They are essential in establishing the standard of care applicable to the case and also determining how defendants allegedly infringed on the law.

It is also essential to show that this breach of duty caused your injury, illness or death. In medical malpractice claims damages could include hospital bills as well as lost income future earning capacity, suffering, pain and even punitive damages. Your lawyer will have to demonstrate the amount of damages you are entitled to, which could be higher than your initial medical costs. In some instances, this is easier than in other. There are many doctors who work in hospitals that offer them staff privileges. In those instances, the doctor's employer may be held responsible via 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 treatments or services. 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 various actions, for example, errors in diagnosis, dose of medication, health management, treatments and post-care. For a lawsuit to be valid the plaintiff must demonstrate four legal elements. These are:

First, there must be a doctor-patient relationship. The doctor has a duty to inform the patient of any risks or problems that arise during the procedure. Failure to inform the patient of any risks or complications could cause the physician to be held accountable for negligence, even if the procedure was carried out flawlessly. For instance, if a doctor did not warn patients that a particular procedure had 30 percent chance of losing legs, the patient might not have logically consented to the procedure.

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, a lawyer will require expert witness testimony. It must also be proved that the breach of standard of care resulted in the patient's injuries.

It could take a long time to complete medical negligence claims in the court system. This involves many hours of physician and attorney time, extensive examination of records, interviews with experts and conducting research into the legal and medical literature. A physician who is the subject of a malpractice lawsuit must to pay high court costs, attorney costs and work products, in addition to expenses for expert testimony.

Causation

Nurses, doctors, and other healthcare professionals are human beings and they make mistakes. If these mistakes get to the level of malpractice, patients can be afflicted with life-threatening injuries. Proving that a healthcare provider has breached his or her duty and caused an injury requires the knowledge of a lawyer and medical professional. A successful claim requires four legal elements to prove: a physician-patient relation that is based on the doctor's duty to care to the patient, the breach of this duty, and the injury caused by the breach.

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

An expert in medical practice is often needed early in the process to help identify all of these elements. According to Rhode Island law, only doctors who have sufficient training, education as well as expertise in the field of accused malpractice can provide expert testimony on the matter. It is for this reason that selecting a medical expert who is qualified is so crucial in a case of medical malpractice law firm malpractice.

Damages

A medical negligence lawsuit seeks to recover damages, which comprise the future and Medical malpractice past expenses associated with an injury. These expenses could include hospital bills, doctor's visits, pain and discomfort, and lost wages. The jury will determine the amount of damages awarded according to the evidence presented.

During the trial the lawyer or plaintiff must prove four main legal elements: (1) a physician was obligated to perform a professional obligation; (2) the doctor did not fulfill this duty when he or she acted negligently; (3) the doctor's negligence caused injury; and (4) the injury caused damages that are quantifiable. Discontent with a doctor's work is not a sign of negligence, but a real injury must be evident. Medical experts can help determine if a physician has violated the standard of medical practice.

The legal process for a malpractice claim may last for years. This is because "discovery" involves the exchange of documents, and the sworn statements of the parties involved. A majority of cases are settled before they even reach the courtroom. However, a tiny number of these claims are able to proceed to the stage of trial for a jury.

To limit malpractice liability, some states have taken a number legislative and administrative measures collectively known as tort reform. Some states have also implemented alternative dispute resolution schemes that include binding arbitration. The goal of these alternatives to civil litigation is to decrease the cost of litigation and speed up handling of malpractice claims while eliminating overly generous juries and medical malpractice weeding out unnecessary medical malpractice law firms claims.