How to File a Medical Malpractice Case

Medical malpractice cases can be a bit complicated. Fortunately, a knowledgeable attorney can assist you in understanding your legal rights and navigate this complicated process.

To file a malpractice claim you must prove that your physician or other healthcare professional violated their duty of care to you. This breach could result in a negative legal result for you, such as an unfavorable medical result or financial loss.

Birth defects

The excitement parents feel at the birth of their child is unmatched. Unfortunately, it's also the time when medical concerns may arise. Birth defects such as missing limbs and cleft lips as well as congenital heart diseases and muscular dystrophy can be a cause for concern. If negligence of a doctor during pregnancy or birth caused these conditions, you may have a valid malpractice claim.

Birth defects can be caused by many reasons, including exposure to prescription drugs or environmental factors, toxic chemicals and prenatal care issues. A doctor's obligation to protect the health of the mother and her fetus involves conducting appropriate screening tests and detecting and treating any anomalies during pregnancy.

Medical experts must determine if the negligence of a doctor caused fatal injury or death as a result of not diagnosing or treating the condition. To prove negligence, a medical expert must look over the standard of care a physician would have adhered too in the same situation. The expert is then required to show that the doctor's actions were deviant from this standard and caused the injury or death.

In addition to hiring experts, it is essential to collect evidence at the scene of the accident and talk to any eyewitnesses. This could include witnesses at the hospital and other patients as well as their families, nurses and more. You must also take photos of the injuries your child sustained to show how serious they are.

Maternal deaths

Every year around 700 to 900 women die as a result of complications from pregnancy or childbirth. This is a staggering number and especially for a country in the first world, like the United States. A recent report by USA Today suggests many of those deaths could have easily been prevented by better hospital care.

A few of the reasons for maternal death are obstetric emergency like massive blood loss during delivery or hemorrhage afterwards, and pre-existing conditions like diabetes and obesity, which affect childbirth and pregnancy. Doctors also have a responsibility to look out for warning signs like high blood pressure, which can result in preeclampsia which is which is a serious condition. Preeclampsia can cause premature separation of the placenta, seizures and the life-threatening condition known as HELLP syndrome.

Medical malpractice lawsuits involving obstetrics and gynecology are some of the most frequently filed lawsuits filed in the United States. In a malpractice claim, a claimant must prove that the healthcare provider or doctor did not adhere to the accepted standards of care and that violation caused the plaintiff's injury or death. The standards of care are defined by the legal community and differs from state to state. Despite the numerous malpractice cases, the majority of them settlements are not subject to trial. Settlements are typically reached through direct negotiations between parties and typically involves the assistance of a neutral third party, such as mediators (often retired judges or attorneys). Medical malpractice suits are not able to stop a doctor from practicing immediately.

Injuries caused by surgery

Medical advances have drastically reduced the likelihood of adverse outcomes during surgery, but they do happen. When they do, they can cause serious injuries. In addition to being uncomfortable and painful these injuries can result in costly corrective surgeries, excessive medical expenses in the long run, a lengthy recovery time or even death.

Not all surgical errors are mistakes. To be successful it must be proved that a healthcare professional failed to adhere to the standards of care during a procedure, and this omission directly led to injuries. The types of injuries that could be considered medical malpractice include:

Surgery performed on the wrong site, where the surgeon performs surgery on a body component other than the one intended, leaving a sponge, scalpel or other object inside a patient, puncturing or nicking a nerve or organ, causing infections by inadequately cleaned and sanitized equipment, etc.

A lawsuit arising from a surgical error may be a complicated matter and it's important to seek the advice of an attorney with expertise in medical malpractice lawsuit. It is also essential to record any injuries you sustain with photos and make notes of any information you believe might be relevant to your case. It can take years for a lawsuit based on a surgical error to be resolved, but it is worth it if you've been injured due to a mistake by your doctor. This is particularly true in cases where you suffered severe injuries that interfere with your quality of life.

Wrongful death

Losing a loved one can be extremely stressful, but when that death is due to someone else's negligence and carelessness, it can be incredibly painful. Depending on state law it is possible to file a claim against that party to recover damages for your loss.

A wrongful death is different from medical malpractice because it involves the life of a person rather than their health. The standard of proof is therefore higher. It must be proven beyond reasonable doubt that the death of your loved one was caused by carelessness on the part of another person.

The husband of Joan's mother, for instance was killed by a lung tumor that was not discovered by an x-ray. His death was caused by an uninformed doctor who did not observe the symptoms of his patient and also to conduct an MRI when the patient was experiencing trouble breathing. The resulting delay in treatment allowed the tumor to expand and cause irreparable damage.

In this scenario the relatives of the patient may bring a lawsuit for an unjustified death against the hospital and doctor. The type of damages you are able to claim is contingent on the laws in your state, just like a medical malpractice claim. They can be categorized as both economic and non-economic losses like funeral expenses, loss of consortium and the pain and suffering that occurred prior to the death of the victim. In addition, claims for wrongful death can be used to cover punitive damages. This amount isn't included in every case, but it's applicable if the victim's death is due to multiple mishaps or a particularly serious death.