How to File a Medical Malpractice Claim

A malpractice claim is an action against a health care professional for negligent acts that result in injury to the patient. In malpractice cases, the injured patient's legal counsel must show that the doctor departed from the standards of care expected from those who have similar education and training.

Your lawyer will use written questions to the defendant doctor and requests for documents. Medical malpractice lawsuits are filed in state trial courts.

Botched Treatment

As a victim of cosmetic surgery gone wrong, you may have a claim for malpractice against the surgeon. Cosmetic surgeries like breast implants and liposuction are usually elective procedures and not medically required, but that doesn't mean they won't come with risks. Surgeons must inform patients of possible unwanted complications, inevitable complications and negative results, and let them decide if the benefits outweigh the risks. If a surgeon fails to disclose the relevant information, they could be held accountable for malpractice.

To be able to claim an injury for medical malpractice, it has to meet certain legal requirements. Documentation, such as your medical bills can be used to prove that there is a relationship between doctor and patient. Next, the surgeon must have failed to deliver the recognized standard of care for their specialization in similar circumstances. The negligence must be the cause of your injury.

If you suffer from an unintentional cosmetic procedure it could be as simple as leaving an indestructible sponge inside your body or as complex as a novice plastic surgeon performing an unnecessary procedure. You could be entitled compensation for lost earnings, pain, and future medical costs dependent on the severity of your injury. You might also be able to file a claim against the surgeon's employer in vicarious liability. This is because employers like hospitals and clinics are responsible for the actions their employees committed when they are on duty.

Inability to diagnose

Everyone expects their doctors to consider any new or troubling signs seriously and to perform the appropriate tests to accurately diagnose an illness or injury. When a health care professional fails to do this and the patient suffers damage this could be construed as medical malpractice.

If a doctor isn't able to correctly diagnose a patient, it may cause unnecessary harm and death. Infections that are not properly diagnosed can lead to sepsis, which can be a fatal disease that requires immediate medical attention.

A failure to diagnose claim is usually founded on evidence that the healthcare provider owed the patient a duty of care, and that the doctor did not fulfill this obligation, and that doctor's negligence directly and proximately caused the patient's injury. A successful case will likely require expert testimony by a medical professional who is certified to speak about the proper standards of practice and how the doctor's actions violated it.

The positive side is that in many cases, healthcare professionals learn from their mistakes and make changes to improve their services. After a string of fatal cases where doctors failed to detect the signs of heart attacks it was discovered women suffer from different symptoms than men, and that healthcare workers should pay closer attention to this distinction. These lessons can help prevent any future errors. If, however, you believe that your doctor was not able to correctly diagnose you or a loved one, it is crucial to discuss the situation with an attorney as soon as possible to determine what kind of malpractice claim you might have.

Inability to adhere to post-surgery procedures

Malpractice lawsuits can be filed against a healthcare provider if an medical professional fails to adhere to the correct procedure after surgery and a patient is injured. A surgeon, for example who fails to educate the patient on how to reduce the risk of infection could be blamed for medical negligence.

The failure of a doctor to provide informed consent is a different type of malpractice attorney claim. This is a vital aspect of any medical procedure because it ensures that the patient understands what he or she is going to face and is able to make an informed decision whether or not to proceed with the procedure. For instance, if a physician does not inform the patient that a particular surgery comes with a 30-percent chance of losing a limb, the patient will likely opt out of the operation in the event that he or she was aware of the risks.

Physicians who are involved in malpractice litigation may be in a hostile legal system. It requires a lot of resources, which includes time in courtrooms and settlement discussions.

There are a variety of ways to decrease the number and severity of malpractice lawsuits. Certain states, for instance have introduced enterprise liability which places liability for malpractice claims on the health care institution and not on the individual doctors. This method has been linked to lower malpractice payments as well as premiums.

Injuries caused by surgical errors

Surgeons and hospitals must ensure that the procedure is safe. Inability to verify patient information and properly prepare the operating room, mark the sites of incisions or instruct staff on the surgical checklists can lead to various errors. According to studies there are 4,000 surgical errors in the United States every year. That's roughly 11 errors per day. These medical malpractice cases can cause serious injuries such as internal bleeding and nerve damage.

A claim for surgical error malpractice has to be able to prove that the health care professional was not up to the standard of care, which resulted in an injury to the patient. To prove this, the legal team must to collect evidence of superior quality. Medical documents and bills are included. It is also an excellent idea to keep the names of health professionals as well as dates of interactions so that attorneys can build the strongest possible case.

In many medical malpractice cases, the reason is that surgeons or hospital staff did not follow standard care during a surgical procedure. Not all surgical errors constitute mistakes. A successful malpractice case must be based on four elements which include a health care professional's legal obligation to perform this duty, harm caused by negligence, and damages. A lawyer can examine your medical records and talk with third-party medical experts to determine if a surgeon's or other health professional's actions violated the standard of care.