How to File a Medical Malpractice Case

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

Duty of care

All medical professionals are held to a duty to care arising from the doctor-patient relationship. This means taking reasonable steps to prevent injury or cure a patient's disease. The doctor must inform the patient of any risks that may be associated with a particular treatment or procedure. A physician who fails to inform the patient of any risks that are well-known to the profession could be liable for malpractice.

Medical professionals who fail to fulfill their duty of care is liable for negligence, and must pay damages to the plaintiff. This element of the claim must be proven by showing that the defendant's behavior or inactions did not meet the standards of the way other medical professionals behave in similar situations. This is usually proven through expert testimony.

A medical expert who is well-versed in the relevant practice and the types of tests that should be performed to determine the severity of an illness may be able to prove that the defendant's actions violated the standard of treatment for that particular disease or condition. They can also explain in simple terms to jurors why the standard was violated.

There are a few medical experts who are qualified to work on malpractice cases, therefore a good attorney should be able to identify and work with the right experts. In complex cases, it may be necessary for the expert witness to provide complete reports and be available to give evidence in the courtroom.

Breach of duty

Every malpractice case is based on defining a standard of care, and then proving that the medical professional did not adhere to the standard. This is usually done by experts from other physicians who have the same expertise, knowledge and training as the negligent doctor.

The norm of care is basically what other medical professionals in your situation would be doing to treat you. Doctors are required by their patients to treat them with caution and in a reasonable manner. The duty of care also applies to the loved families of their patients. This doesn't mean that medical professionals aren't required to be good samaritans out of the hospital.

If a medical professional breaches his or her duty of care, and you suffer injury then they are accountable for the injuries. The plaintiff must also demonstrate that the breach directly led to their injury. If, for example, the surgeon who is defending the plaintiff misreads the chart of their patient and then operates on the wrong leg, causing injury, it is likely negligence.

It is important to note that it can be difficult to determine the root reason for your injury. For example when a surgical sponge was left behind following a gallbladder surgery, it's difficult to prove that the patient's injuries were directly related to the surgery.

Causation

A doctor is only liable for negligence if a patient is able to prove that the physician's negligence caused the injury. This is referred to as "causation." It is crucial to understand that a negative outcome of an intervention does not automatically constitute medical malpractice. The plaintiff must also demonstrate that the doctor acted in a manner that was contrary to the norm of care in similar instances.

A doctor has a responsibility to inform patients of the potential risks and consequences, including the success rate of a procedure. If a patient has not been adequately informed about risks, they may decide to skip the procedure in favor of an alternative. This is known as the obligation of informed consent.

The legal system's structure for handling medical malpractice claims grew out of the 19th century English common law, and it is governed by court decisions and legislative statutes that vary between states.

The procedure of suing a doctor involves filing an official complaint or summons filed in a state court. The document outlines the alleged wrongs, and demands compensation for the harms caused by the physician's actions. The attorney representing the plaintiff needs to schedule a deposition of the defendant doctor under oath. This is an opportunity for the plaintiff's attorney to present testimony. The deposition will be recorded and used as evidence at the trial.

Damages

A patient who believes that the doctor committed medical malpractice could pursue an action before a court. A plaintiff must demonstrate four elements to support a claim of malpractice: a legal obligation to follow the rules of the profession and a breach of the obligation; a harm caused by the breach; and damages that are reasonable in relation to the injury.

Medical malpractice cases require experts testimony. The defendant's lawyer will often be involved in discovery, where the parties seek written interrogatories as well as requests for documents. These are queries and requests for tangible evidence which the opposing party must answer under oath. It can be a long and drawn-out procedure, and both sides will be able to have experts be present to testify.

The plaintiff should also demonstrate that negligence caused substantial damages. This is because it can be expensive to pursue a malpractice claim. If the damages are not too significant or insignificant, it may not be worth it to bring an action. The amount of damages must also be greater than the expense to bring the lawsuit. This is why it is important for a patient to speak with an experienced Board Certified legal malpractice attorney prior to filing a lawsuit. After a trial, either the winner or the losing party may appeal the decision of the lower court. During an appeal, a higher court will review the record and decide if the lower court committed any mistakes in the law or in the facts.