How to File a Medical Malpractice Case

A malpractice situation is one where a medical professional fails to treat a patient in line with accepted standards of care. Medical malpractice can be triggered by an orthopedic surgeon who makes a mistake in surgery and injures the nerves in the femoral region.

Duty of care

The doctor-patient relationship creates the duty of care all medical professionals must fulfill in their job. This includes taking reasonable precautions to prevent injury or cure a patient's illness. The doctor must also inform the patient of any potential risks associated with treatment or a procedure. A doctor who fails to inform the patient of the risks that are associated with their profession could be held accountable for malpractice.

Medical professionals who fail to fulfill their duty of caring is liable for negligence, and must pay damages to a plaintiff. To establish this element of the case, it has to be proven that the defendant's actions or inaction did not meet the standards of care that other medical professionals would have performed in similar circumstances. This is usually proven through expert testimony.

A medical professional who is knowledgeable about the applicable practice and the kinds of tests that must be conducted to diagnose a specific illness can declare that the defendant's conduct did not meet the standards of care for that type of disease or condition. They can also explain in plain words to a juror how the standard was violated.

Not all medical experts are qualified to work on malpractice cases, therefore an experienced attorney must be able to locate and work with the right expert witnesses. In cases that are complex, it may be necessary for the expert to submit detailed reports and be able to be a witness in court.

Breach of duty

Every malpractice case is based around defining the standard of care, and then proving that the medical professional did not adhere to the standard. This is usually done by experts from other doctors with the same expertise, knowledge and experience as the alleged negligent doctor.

The norm of care is basically what other medical professionals in your situation would be doing to treat you. Doctors have a responsibility to their patients of care to always act sensibly and with a degree of caution when treating patients. This duty of care extends to their patients' loved ones. But, this does not mean that medical professionals are not required to be good Samaritans in and outside of the hospital.

If a medical professional does not fulfill their duty of care and you are harmed, they are responsible for the injuries you sustain. The plaintiff must also establish that the breach directly led to their injury. For instance, if a defendant surgeon misreads their patient's chart and then operates on the wrong leg, causing an injury, it's likely to be negligence.

It could be difficult to prove the cause of your injury. For instance when a surgical sponge was left behind after gallbladder procedure, it's hard to demonstrate that the patient's complications were directly caused by the surgery.

Causation

A doctor is only accountable for malpractice if the patient is able to prove that the doctor's negligence caused the injury. This is referred to as "cause". It is crucial to remember that a negative outcome of a treatment is not necessarily medical malpractice. The plaintiff must also show that the doctor did not follow the standards of care in similar situations.

A doctor has a duty to inform patients of the potential risks and consequences, including the success rate of the procedure. If a patient isn't fully informed about the potential risks, they may choose to defer the procedure in favor of a different alternative. This is referred to as the duty of informed permission.

The legal system used to deal with medical malpractice cases developed from English common law in the 19th century. It is regulated by state legislative statutes and court decisions.

In order to sue a doctor, you must submit an official complaint, or summons in a court of the state. This document outlines the claimed wrongs, and demands compensation for the injuries caused by a physician's actions. The plaintiff's attorney must then organize a deposition of the defendant doctor under oath, providing an opportunity for the plaintiff to give evidence. The deposition will be recorded and used as evidence in the trial.

Damages

A patient who believes a physician has committed medical malpractice may bring an action in a court. A plaintiff must demonstrate four elements to support a claim of malpractice: a legal obligation to follow the rules of practice in the field; a breach of that obligation; a harm caused by the breach and damages reasonable in relation to the injury.

Medical malpractice attorney cases require expert testimony. Lawyers for the defendant often engage in discovery where the parties request written interrogatories and documents. These are requests and questions for tangible evidence, which the opposing side must take oath to answer. This process could be a long and lengthy one, and the attorneys for both sides will bring experts to provide evidence.

The plaintiff must also show that the negligence caused significant damages. It could be costly to pursue a negligence claim. If the damages are small, it might not be worthwhile to pursue a lawsuit. The amount of damages should be greater than the cost to bring the lawsuit. It is therefore important that a patient consults with an Board Certified legal malpractice lawyer before filing a suit. After a trial has ended, either the losing or winning party may appeal the decision of the lower court. In an appeal, a higher level court will review the evidence to determine if the lower court made errors in law or facts.