How to File a Medical Malpractice Case
A malpractice situation occurs when a medical professional does not perform in their obligation to treat a patient in accordance with accepted standards of treatment. For example when an orthopedic surgeon commits a mistake during surgery that results in injury to nerves in the femoral region, this could be considered medical negligence.
Duty of care
All medical professionals are obligated by obligations to care that result from the doctor-patient relationship. This means taking reasonable steps to prevent injury or to cure a patient's illness. The doctor must inform the patient of any risks that may be related to a treatment or procedure. A doctor who does not inform the patient of any potential risks known to the profession could be held responsible for negligence.
When a medical professional violates their obligation to care, they are held accountable for negligence and must pay damages to the plaintiff. To establish this element of the case, it must be demonstrated that the defendant's actions or lack of action fell below the standard that other medical professionals would have met under similar circumstances. This is usually proven by expert testimony.
A medical professional who is familiar with the practice relevant to the case and the types of tests that should be performed to determine the severity of the condition can be able to prove that the defendant's actions breached the standard of medical treatment for that particular disease or condition. They can also explain to the jury in simple terms the reason why the standard of care was violated.
A good attorney will know how to collaborate with the most qualified expert witnesses. Not all medical professionals have the expertise to handle cases on malpractice claims. In cases that are complex the expert might be required to provide detailed reports as well as be available to testify at court.
Breach of duty
Every malpractice case is based on defining a standard of care and proving that the medical professional violated it. This is typically done by getting expert testimony from doctors who have the same training, experience and knowledge as the alleged negligent physician.
The norm of care is basically what other medical professionals in your situation would recommend to treat you. Doctors are required by their patients to treat them with care and in a sensible manner. The duty of care also extends to their patients' loved family members. But this doesn't mean that medical professionals have a duty to be good Samaritans outside of the hospital.
If a medical professional does not fulfill their duty of care and you're injured, they are liable for your injuries. The plaintiff must also demonstrate that the breach directly led to the injury. For example, if the surgeon in the defendant's chart and operates on the wrong leg, causing an injury, it is likely negligence.
It could be difficult to establish the reason for your injury. For instance, in the case where the surgical sponge was left behind after a gallbladder procedure, it's difficult to prove that the patient's problems were directly caused by the procedure.
Causation
A doctor can only be held accountable for malpractice if a patient can prove that the doctor's negligence caused the injury. This is known as "cause". It is crucial to remember that a negative consequence of a treatment is not necessarily medical malpractice. The plaintiff must also prove that the physician deviated from the standard of care that is normally used in similar cases.
A doctor is obliged to inform a patient of all potential risks and outcomes including the rate of success of an operation. If a patient has not been properly informed about the risks, they might have decided to opt out of the procedure and choose an alternative. This is known as the obligation of informed consent.
The legal system's structure to handle medical malpractice claims grew out of the 19th century English common law, and it is governed by court rulings and legislative statutes that vary between states.
The process of suing a physician involves filing an official complaint or summons, in a state court. This document outlines the claimed wrongs, and seeks compensation for injuries caused by a physician's actions. The plaintiff's attorney must then schedule a deposition of the defendant doctor under oath, providing an opportunity for the plaintiff's attorney to present testimony. The deposition is typically recorded and used as evidence during the trial of the case.
Damages
A patient who believes that a doctor has committed medical malpractice could file an action with a court. A plaintiff must prove four elements for a valid claim of
malpractice lawyers: a legal obligation to follow the rules of practice within the profession and a breach of this duty; an injury caused by the breach and damages that are reasonably related to the injury.
Expert testimony is required in medical malpractice cases. The lawyer of the defendant will usually participate in discovery where parties demand written interrogatories and documents. The opposing party is expected to answer these questions and requests under oath. This could be a lengthy and drawn-out process and both sides will be able to have experts to testify.
The plaintiff must also prove that the negligence caused significant damages. It could be expensive to pursue a malpractice claim. A lawsuit may not be worth it even if the damage is minor. The amount of the damages must be more than the amount required to bring the lawsuit. This is why it is vital 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 may appeal the decision of the lower court. During an appellation the higher court will examine the record to determine if the lower court made errors in law or facts.