How to File a Medical Malpractice Case
Medical malpractice cases can be complex. An experienced attorney can guide you through this complex process and help you understand your rights.
To file a claim for medical malpractice, you must prove that your physician or a healthcare professional violated their obligation of care to you. This breach led to a negative legal result for you, such as an unfavorable outcome for your medical treatment or financial loss.
Birth defects
The birth of a baby is a very thrilling time for parents. Unfortunately, it's also the time when medical concerns may arise. Birth defects like missing limbs and cleft lips or limbs, congenital heart disease and muscular dystrophy may be an issue. It is possible to make a claim for malpractice when a medical professional's negligence led to these issues during pregnancy or during delivery.
Birth defects can result from various factors, including exposure to toxic chemicals or prescription medications, as well as environmental factors and issues with prenatal care. The physician's responsibility to ensure the well-being and wellbeing of the mother and fetus is to conduct appropriate screening tests, identifying and treating anomalies during pregnancy and conducting the appropriate screening tests.
Medical experts will need to determine if the negligence of a doctor in diagnosing or treating the condition was negligent and caused serious injury. To establish negligence, an expert has to examine the standard of care that a doctor would have followed under similar circumstances and demonstrate that the doctor was not following the standard and, as a result, caused injury or death.
It is important to speak to any witnesses and gather evidence at the site of the accident. This could include witnesses at the hospital and other patients as well as their families, nurses and more. You must also take photos of your child's injuries to show how serious they are.
Maternal deaths
Every year, 700-900 women die of complications arising from pregnancy or childbirth. This is a staggering number particularly in a first-world country like the United States. USA Today recently reported that many of these deaths could have been avoided by better medical care in hospitals.
The main causes of maternal deaths are obstetric emergencies like bleeding from the birth or hemorrhage following delivery, as well as pre-existing illnesses like diabetes and obesity, which can affect pregnancy and childbirth. Doctors also need to look out for warning signs such as high blood pressure, which may result in preeclampsia which is a potentially dangerous condition. Preeclampsia could cause a premature separation from the placenta and seizures. It may also trigger an extremely dangerous condition called HELLP Syndrome.
Medical
malpractice lawsuits related to gynecology and obstetrics are some of the most popular types of lawsuits filed in the United States. In a
malpractice claim, the plaintiff must prove that a doctor or healthcare provider violated a recognized standard of care and caused the plaintiff to be injured or even die. The legal community defines the standards of care, which is different from one state to the next. Despite the large number of
malpractice lawyer claims, most are settled without ever going to trial. A settlement is often reached through direct negotiation between the parties, and occasionally with the help of an impartial mediator (often a retired judge or attorney). Medical malpractice lawsuits aren't an instant way to oust doctors from practice also.
Injuries as a result of surgery
Even though medical advances have drastically decreased the chance of adverse results, they can occur. When they do, they often result in serious injuries. In addition to being uncomfortable and inconvenient these injuries could result in costly corrective procedures and medical bills that are excessive in the long run, a lengthy recovery time or even death.
Not all surgical errors are negligence. In order for a case successful it must be demonstrated that the healthcare professional did not follow the established guidelines for a procedure and that this error directly caused injury. Damages that are considered medical malpractice are:
A wrong-site procedure, where the surgeon works on another body part than intended leaving a scalpel, sponge, or any other item inside of a patient; puncturing or nicking an organ or nerve; infections caused by unclean or sanitized equipment; and more.
A lawsuit based on a surgical error could be a complex issue which is why it is crucial to seek the advice of an attorney with expertise in medical malpractice. It is also important to document any injuries, including photos and make notes about any details you believe may be relevant to the case. It could take a long time for a lawsuit based on a surgical error to be resolved, but it is worth it if you were injured by a doctor's error. This is especially relevant if your injuries are severe and are a significant threat to your living quality.
Wrongful death
Losing a loved one can be very stressful, but when that death is due to the negligence of someone else the experience can be extremely painful. According to state law, you may be able start a lawsuit against other party in order to recover damages.
A wrongful death case is distinct from a medical malpractice case because it is a matter of life rather than their health. For this reason, the standard of proof is higher and it must be proved beyond a reasonable doubt that your loved one's death was the result of another party's negligence.
For instance, the husband of Joan's was diagnosed with a lung tumor that was not discovered by an x-ray. The doctor who didn't examine the patient's symptoms or conduct an MRI after the patient complained of breathing problems was the cause of his death. The delay in treatment caused the tumor to expand irreparably.
In this situation the family of the patient could pursue a wrongful death lawsuit against the doctor and the hospital. As with a medical malpractice lawsuit the kind of damages that can be claimed is contingent on the laws in your state. They may include economic and non-economic damages like funeral costs, loss of consortium, and pain and discomfort prior to the death of the victim. In addition, claims for wrongful death can cover punitive damages. This amount may not be included in every instance, but it's a possibility if the death of the victim was particularly grave or was the result of multiple mistakes.