How to File a Medical Malpractice Case
A malpractice case occurs when a medical professional fails in their obligation to treat a patient according to accepted standards of treatment. For instance, if an orthopedic surgeon is negligent during surgery that results in damage to the nerves in the femoral area, this could be considered medical negligence.
Duty of care
The doctor-patient relationship creates an obligation of care that all medical professionals must meet in their work. This includes taking reasonable steps to prevent injuries and to treat or alleviate a patient's illness. The doctor must inform the patient about any risks that may be associated with a particular treatment or procedure. A physician who fails warn the patient of risks that are known to the profession may be held accountable for malpractice.
If a medical professional fails to meet their obligation to care, they are accountable for negligence and are required to pay damages to the plaintiff. The claim must be proven by showing that the defendant's behavior, or lack thereof, were not in line with how other medical professionals would act in similar circumstances. This is usually demonstrated by expert testimony.
A medical professional who is familiar with the relevant practice and the kinds of tests that should be conducted to diagnose a specific illness can demonstrate that the defendant's behavior violated the standard of care for the specific disease or condition. They can also explain in simple terms to jurors why the standard was not followed.
An experienced attorney will know how to work with the best experts. Not all medical professionals have the expertise to handle cases on malpractice claims. In more complicated cases the expert might be required to provide detailed reports as well as be present to testify in court.
Breach of duty
All malpractice cases are based on defining the standards of care, and proving that the medical professional did not adhere to the standard. This is typically done by gathering expert testimony from doctors who have similar qualifications, training and knowledge as the negligent doctor.
In essence, the standard of care is what other medical experts would do in your circumstances to treat you. Doctors owe their patients a duty of care to behave sensibly and with a degree of caution when treating patients. The duty of care also extends to the loved families of their patients. But, this doesn't mean that medical professionals are not required to act as good Samaritans outside of the hospital.
When the medical professional breaches their duty of care and you are injured, they are accountable for your injuries. The plaintiff must show that the breach directly caused the injury. For example, if the defendant surgeon misreads their patient's chart and operates on the wrong leg, causing an injury, it is likely negligence.
It can be difficult to establish the cause of your injury. For example in the instance where the surgical sponge was left behind following a gallbladder procedure, it's hard to demonstrate that the patient's issues resulted directly from the procedure.
Causation
A doctor is only accountable for malpractice if the patient can prove that the doctor's negligence caused the injury. This is called "cause". It is crucial to remember that a negative outcome from a treatment is not necessarily medical malpractice. The plaintiff must prove that the doctor did not adhere to the standard of care normally adhered to in similar cases.
A doctor has a duty to inform a patient of all potential risks and outcomes including the rate of success of a procedure. If a patient hasn't been properly informed about the potential risks, they may have chosen to opt out of the procedure and choose an alternative. This is known as the duty of informed consent.
The legal system used to deal with medical malpractice cases grew out of English common law in the 19th century. It is regulated by state legislative statutes as well as court decisions.
The procedure of suing a doctor involves filing an official complaint, or summons filed in the state court. The complaint outlines the alleged wrongs and demands compensation for harms caused by the physician's actions. The lawyer of the plaintiff must schedule an interview under oath with the defendant doctor that gives the plaintiff the chance to testify. The deposition is typically recorded in order to be used as evidence during the trial of the case.
Damages
A patient who believes a physician has committed medical malpractice could make an action with a court. A plaintiff must prove four elements to support a claim of malpractice: a legal duty to act within the standards of practice in the field; a breach of this obligation; a harm caused by the breach and damages that are reasonable in relation to the injury.
Medical malpractice cases require experts testimony. Often, the attorney representing the defendant will engage in discovery, in which the parties request written interrogatories or requests for production of documents. The opposing party is required to answer these questions and make requests under oath. This process can be a lengthy and drawn out one, and attorneys on both sides will present experts to testify.
The plaintiff must also prove that the negligence resulted in significant damages. It could be costly to pursue a
malpractice law firms claim. If the damages are small then it might not be worthwhile to bring a lawsuit. In addition, the amount of the damages must be more than the cost of bringing the suit. Therefore, it is crucial that a patient consult with an experienced Board Certified legal
malpractice attorney prior to filing a lawsuit. After an investigation, either the losing party or the winning party can appeal the decision of the lower court. During an appeal, a higher court will examine the evidence and decide if the lower court committed any mistakes in law or fact.