How to File a Medical Malpractice Case

A malpractice instance is when a medical professional fails to treat a patient in line with the accepted standards of care. For example when an orthopedic surgeon is negligent during surgery, which causes injuries to nerves in the femoral area, it could be considered medical malpractice.

Duty of care

The doctor-patient relationship creates an obligation of care that every medical professional must fulfill in their job. This means taking reasonable steps to prevent injury and to treat or ease the symptoms of a patient's illness. The doctor should also inform the patient of any risks that are associated with treatment or procedure. A doctor who fails to inform the patient of the dangers that are known to the profession could be held accountable for malpractice.

When a medical professional violates their obligation to care, they are accountable for negligence and are required to pay damages to the plaintiff. To establish this element of the case, it must be proven that the defendant's actions or inaction did not meet the standards of care that other medical professionals would have met in similar circumstances. This is typically established through expert testimony.

A medical professional with experience in the relevant practices and the kinds of tests to be performed to diagnose an illness could testify the defendant's actions were against the standard of care. They can also explain in simple terms to a juror why the standard was violated.

Not all medical experts are qualified to handle malpractice cases, so an experienced attorney should know how to locate and work with the right experts. In more complicated cases experts may be required to provide detailed reports and be available to testify in the court.

Breach of duty

The definition of the standard of care and showing that the medical professional breached it is the foundation of all malpractice cases. This is usually done through expert testimony from other doctors with similar skills, knowledge and experience as the alleged negligent doctor.

Essentially, the standard of care is what other medical professionals would do in your circumstances to treat you. Doctors have a responsibility to their patients of care to act prudently and with the utmost care when treating a patient. The duty of care carries over to their patients' loved family members. This doesn't mean that medical professionals are not required to be good samaritans outside of the hospital.

If a medical professional does not fulfill his or her duty of care, and you suffer injury then they are accountable for the harm. In addition the plaintiff has to prove that their injury was directly caused by the breach. If, for instance, the defendant surgeon is not reading the chart of their patient and then operates on the wrong leg, causing injury, this is likely negligence.

It is crucial to understand that it is possible to prove the source of your injury. It can be difficult to prove that the surgical sponge left behind after gallbladder surgeries caused the patient's injuries.

Causation

A doctor can only be held accountable for malpractice if the patient is able to demonstrate that the doctor's negligence caused the injury. This is referred to as "cause". It is important to note that a negative outcome of an intervention is not necessarily medical malpractice. The plaintiff must also show that the doctor's actions were not in line with the standard of care that is normally followed in similar cases.

It is a doctor's duty to inform the patient about the possible risks and consequences of a procedure, including the likelihood of success. If a patient hasn't been properly informed about the risks, they might decide to opt out of the procedure and select an alternative. This is called 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 governed by a variety of state legislative statutes and the decisions of courts.

To be able to sue a doctor, one must file an official complaint or summons to a state's court. This document outlines the claimed wrongs, and seeks compensation for injuries caused by a doctor's actions. The attorney representing the plaintiff has to organize a deposition of the defendant physician under oath, which is an opportunity for the plaintiff to present testimony. The deposition is typically recorded and used as evidence in the trial of the case.

Damages

A patient who believes the doctor committed medical malpractice could file an action with a court. A plaintiff must prove that there are four elements in an action for malpractice that is valid that includes a legal obligation to act within the standards of the field in breach of the obligation, injury caused by this breach and damages that may be reasonably attributed to the injuries.

Medical malpractice law firm cases require expert testimony. The lawyer of the defendant will usually be involved in discovery, where the parties request written interrogatories and requests for documents. These are questions and requests for tangible evidence, which the opposing party is required to respond under oath. This process can be a lengthy and drawn-out one, and the lawyers for both sides will present experts to be witnesses.

The plaintiff also has to prove that the negligence caused significant damages. It is costly to pursue a malpractice claim. If the damages are small then it might not be worth the effort to pursue an action. The amount of damages should be greater than the cost to bring the lawsuit. It is crucial that the patient consults an Board Certified legal malpractice lawyer prior to filing a lawsuit. After a trial has ended either the losing or winning party can appeal the decision of the lower court. In the event of an appeal an appeal, a higher-level court will examine the record to determine whether the lower court committed mistakes in the law or facts.