How to File a Medical Malpractice Case

A malpractice situation occurs when a medical professional fails in their duty to treat a patient in accordance with accepted standards of care. For instance 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 held to an obligation to provide care arising from the doctor-patient relationship. This includes taking reasonable steps to avoid injury or treat a patient's illness. The doctor must inform the patient about any risks associated with a treatment or procedure. If a doctor fails to inform the patient about dangers that are known to the profession could be liable for malpractice.

A medical professional who fails to meet their duty of caring is liable for negligence and must compensate a plaintiff. To prove this aspect of the case, it has to be shown that a defendant's actions or lack of action were not in accordance with the standards that other medical professionals would have followed under similar circumstances. This is usually proven by expert testimony.

A medical professional who is familiar with the relevant practices and types tests that should be used 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 the reason the standard was not met.

Not all medical professionals are qualified to handle the malpractice cases, therefore an experienced attorney must know how to locate and work with the right experts. In cases that are complex the expert might be required to provide detailed reports as well as be present to testify in court.

Breach of duty

Determining the standard of care and showing that the medical professional violated it is the premise of all malpractice law firms cases. This is typically done through expert testimony from other doctors who have similar skills, knowledge and experience as the alleged negligent doctor.

The norm of care is basically what other medical professionals in your situation would offer to treat you. Doctors have a responsibility to their patients of care to behave reasonably and with due caution when treating a patient. The duty of care extends to their loved ones. But this doesn't mean that medical professionals are required to be good Samaritans in and outside of the hospital.

If a medical professional does not fulfill their duty of care and you're injured, they are accountable for your injuries. The plaintiff must also prove that the breach directly caused their injury. If, for example, the defendant surgeon is not reading the chart of their patient and operates on the wrong leg, causing injury, this is likely negligence.

It is important to remember that it is possible to prove the source of your injury. For example in the event that the surgical sponge was left behind following a gallbladder surgery, it's hard to demonstrate that the patient's issues resulted directly from the surgery.

Causation

A doctor is only liable for malpractice if the patient can prove that the doctor's negligence caused the injury. This is referred to as "causation." It is crucial to understand that a negative outcome of an operation does not necessarily constitute medical malpractice. The plaintiff must prove that the doctor did not adhere to the standard of care that is normally followed in similar cases.

It is the doctor's responsibility to inform the patient of the risks and potential outcomes of a procedure, including its success rate. If a patient has not been adequately informed about risks, they could choose to defer the procedure in favor of a different option. This is called the duty of informed consent.

The legal system's structure to handle medical malpractice law firms cases grew out of the 19th century English common law, and it is regulated by court decisions and legislative statutes which differ between states.

To pursue a doctor for a lawsuit, you must file an official complaint or summons to a state's court. The document outlines the alleged wrongs, and seeks compensation for harms caused by the physician's actions. The attorney representing the plaintiff needs to schedule a deposition for the defendant doctor under oath, which is an opportunity for the plaintiff to present evidence. The deposition is usually recorded for use as evidence during the trial of the case.

Damages

A patient who believes that a doctor has acted negligently in medical treatment can file a lawsuit in court. A plaintiff must establish the following four elements to be able to establish a valid claim of malpractice: a legal duty to perform the duties of practice in the field; a breach of this obligation; an injury resulting by the breach; and damages that are reasonable in relation to the injury.

Expert testimony is required in medical malpractice cases. The attorney of the defendant will engage in discovery, where the parties demand written interrogatories, or requests for production of documents. These are queries and requests for evidence that the opposing party must respond under oath. The process can be a lengthy and drawn out one, and attorneys from both sides will bring experts to be witnesses.

The plaintiff must also show that negligence has caused substantial damages. It is expensive to pursue a malpractice claim. If the damages are small and the case is not a big one, it may not be worth the effort to bring an action. The amount of the damages must also exceed the cost to file the lawsuit. Therefore, it is essential for patients to speak with an experienced Board Certified legal malpractice attorney before filing a lawsuit. After a trial is concluded either the winning or losing party may appeal the decision of a lower court. In the event of an appeal the higher court will review the record and determine whether the lower court committed any errors in the law or in fact.