An Overview of Medical Malpractice Lawsuits Information

A medical malpractice lawsuit or claim can be filed by the injured party or by someone acting on his or her behalf, including a spouse in the case of a wrongful death caused by the negligence. The defendant in this type of personal injury case can be the health care provider, including a primary care physician or a surgeon, and/or the hospital or medical practice that employs the medical professional.

In order to have a successful medical malpractice lawsuit, the plaintiff must demonstrate that:

• The defendant had a legal duty of care to the plaintiff. Typically, if the plaintiff goes to a health care provider for medical treatment, the proof of legal duty of care is satisfied.
• The plaintiff breached the duty of care. In other words, the medical professional acted in a way that was counter to their duty of care. However, it is important to note that an unsuccessful procedure does not necessarily imply a breach of duty of care.
• The breach of duty caused an injury. Preexisting injuries alone do not satisfy this requirement.
• Damages for economic losses or other hardships are owed to the plaintiff.

A skilled medical malpractice attorney must be able to demonstrate the above four elements to win a claim against a defendant. However, it is important to note that if a procedure or treatment is unsuccessful or has adverse effects, but the medical professional had followed standard procedures, medical malpractice did not necessarily occur. It is only medical malpractice or negligence when it can be shown that the defendant acted negligently and breached his or her duty of care.

Only an experienced medical malpractice attorney with all the facts of your case can determine if the four required elements can be met. When discussing a potential medical negligence case with a lawyer, a plaintiff needs to provide the attorney with as much information as possible, including all medical records. To find out if you have a viable case, contact our skilled Rhode Island medical malpractice attorney today.