How to File a Medical Malpractice Claim
A malpractice claim is a legal action against a healthcare professional for committing a negligent act that cause injury to the patient. In malpractice cases, an injured patient's legal team has to prove that the doctor's actions were deviant from the standards of care expected from those with similar qualifications and education.
Your lawyer will use written questions to the defendant doctor and requests for documents. Medical malpractice lawsuits are filed in state trial courts.
Botched Treatment
You may be able to bring a malpractice lawsuit [
Suggested Resource site] against your surgeon if the victim of cosmetic surgery that did not go as planned. Cosmetic procedures like breast implants and fat removal aren't medically needed however, they do carry risks. Surgeons should advise patients of the most common unwanted complications, as well as undesirable results and allow them to decide if the benefits outweigh the risks. If the surgeon does not disclose the relevant information they could be held liable for malpractice.
In order for an injury to qualify as medical malpractice it must satisfy several legal requirements. First there must be an established doctor-patient relationship; this is usually proven through documentation such as medical bills. The surgeon must have failed to deliver the standard of care that is accepted for their particular medical field in similar circumstances. The negligence must be the cause of your injury.
A mishap with a cosmetic procedure could be as simple or complex as an aesthetic surgeon who is untrained in performing a dangerous procedure. You may be entitled to compensation for lost income, pain as well as future medical expenses, depending on the extent of the injury. You may also be able to file an action against the surgeon's employer under vicarious liability. This is because employers such as hospitals and clinics can be held accountable for the actions committed by employees while working.
Failure to Diagnose
Everyone expects their doctors be attentive to any new or unusual signs seriously and to perform the appropriate tests to accurately diagnose an illness or injury. Medical malpractice may occur when a health care provider fails to follow this protocol and the patient suffers injury.
If a physician fails to correctly diagnose a patient, it can cause unnecessary harm and death. Undiagnosed infections can cause sepsis, which is a potentially fatal condition that requires immediate medical care.
A claim of failure to diagnose is usually based on evidence that the healthcare provider owed the patient a duty of care, and that the doctor did not fulfill this duty, and that the doctor's negligence directly and proximately caused the patient's injury. A successful case will likely require the testimony of an expert medical professional who is qualified about the proper standards of practice and the manner in which the doctor's actions were in violation of the standard.
The positive side is that often, healthcare professionals learn from their mistakes and implement changes to improve their care. For instance, after several fatal cases in which doctors were unable detect heart attacks, it was learned that women typically experience different symptoms than men and healthcare workers must pay more attention to these differences. These lessons can be used to avoid future mistakes. If you think that your doctor has not correctly diagnosed you or someone you love, consult an attorney immediately to determine if there is a malpractice claim.
Failure to adhere to post-surgery protocols
If a doctor fails to follow proper procedures for post-surgery and a patient suffers, malpractice claims can be brought against the healthcare provider. For instance, a surgeon who does not instruct patients to follow specific guidelines that reduce the risk of infection can be held accountable for medical negligence.
Another form of malpractice is based on a doctor's inability to inform the patient of their rights. This is an essential element of any medical procedure, because it ensures that the patient understands what he or she will be facing and can make an informed decision on whether or not to proceed with the treatment. If a doctor doesn't tell a patient that a particular procedure is a risky one with an average risk of 30% of losing a limb then the patient is more likely to decline the procedure in the event they are fully aware of the risks.
Physicians involved in malpractice litigation are confronted with an adversarial legal system, which can be an unfamiliar terrain. It requires a lot of resources, including time spent in courtroom and settlement negotiations.
There are a variety of ways to decrease the frequency and the severity of
malpractice lawyer lawsuits. For instance, some states have enacted enterprise liability which places the responsibility for malpractice lawsuits on the health organization rather than the individual doctors who are liable for the claims. This strategy has been associated with lower premiums and payments for malpractice.
Injuries Caused by Surgical Errors
Hospitals and surgeons are accountable for ensuring the safety of the procedure. If you fail to verify patient information, prepare the operating area properly and mark the incision sites or train your staff in surgical checklists, you are likely to commit a variety of errors. According to research there are 4,000 surgical errors in the United States every year. That's roughly 11 errors per day. These medical malpractice accidents could cause serious injuries, including internal bleeding, amputations and nerve damage.
A claim for malpractice caused by surgical error needs to be able to prove that the health care provider fell below the standard of care and caused injury to the patient. To prove this legal counsel must gather evidence of superior quality. Medical records and bills are included. It is also a good idea to record names of health care professionals and dates of interactions, so that lawyers can construct the strongest case possible.
Many medical malpractice cases state that hospital staff members or surgeons members did not adhere to the guidelines of care while performing a procedure. There are many surgical errors that are not mistakes. A successful malpractice case has to demonstrate four elements: the legal duty of a health professional in breach of that duty, the harm caused by negligence and damages. A lawyer can review your medical records and speak with medical experts of third-party to determine if a surgeon or other health professional's actions violated the standard of care.