How to File a Medical Malpractice Case

A malpractice case is one in which medical professionals fail to treat a patient in line to accepted standards of care. For example, if an orthopedic surgeon is negligent during surgery, which causes damage to the nerves in the femoral joint, this could be considered medical malpractice.

Duty of care

The doctor-patient relationship creates the obligation of care all medical professionals must fulfill during their professional duties. This means taking reasonable steps to prevent injury or cure a patient's illness. The doctor must inform the patient about any potential risks associated with a particular treatment or procedure. If a doctor fails to inform the patient of the risks that are known to the profession could be held accountable for malpractice.

Medical professionals who fail to fulfill their duty of care is accountable for their negligence and is required to pay damages to the plaintiff. To prove this aspect of the case, it has to be established that the defendant's actions or inaction was not up to the standard of care other medical professionals would have followed in similar circumstances. This is usually established through expert testimony.

A medical expert who is familiar with the pertinent practice and kinds of tests that should be conducted to diagnose an illness may demonstrate that the defendant's behavior breached the standard of medical care for the specific illness or condition. They can also explain in plain terms to jurors why the standard was not met.

Not all medical experts are competent to handle malpractice cases, therefore an experienced attorney must know how to locate and work with experts. In the case of complex cases it is possible for the expert to provide complete reports and be available to be a witness in the courtroom.

Breach of duty

Defining the standard of care and proving that the medical professional breached it is the foundation of all malpractice cases. This is typically done by obtaining expert evidence from doctors with similar skills, training and experience as the alleged negligent doctor.

The norm of care is basically what other medical professionals in your situation would do to treat you. Doctors are required by their patients to treat them with care and in a reasonable manner. This duty of care extends to their loved family members. However, this does not mean that medical professionals are required to be good Samaritans outside the hospital.

If a medical professional fails to fulfill their duty of care and you're harmed, they are responsible for the injuries you sustain. The plaintiff must also demonstrate that the breach directly caused the injury. For instance, if the surgeon in the defendant's chart and then operates on the wrong leg and causes an injury, it is likely that they were negligent.

It is important to remember that it is possible to establish the exact cause of your injury. For example when a surgical sponge was left behind following gallbladder surgery, it is hard to demonstrate that the patient's issues were directly caused by the surgery.

Causation

A doctor is only liable for malpractice if the patient is able to prove that the doctor's negligence caused the injury. This is known as "cause". It is important to remember that a negative outcome from 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 in similar instances.

It is a doctor's duty to inform patients of the risks and potential outcomes of a procedure, as well as the rate of success. If a patient has not been adequately informed about potential risks, they may have decided to avoid the procedure in favour of a different alternative. This is known as the duty of informed consent.

The legal system's structure for dealing with medical malpractice claims evolved from the 19th century English common law, and it is regulated by court decisions and legislative statutes that vary between states.

In order to be able to sue a doctor, one must submit an official complaint or summons in a court of the state. The document outlines the alleged wrongs and demands redress for the injuries caused by the physician's conduct. The attorney representing the plaintiff has to arrange a deposition with the defendant physician under oath. This is an opportunity for the plaintiff to give evidence. The deposition will be recorded and used as evidence at the trial.

Damages

A patient who believes that a doctor has committed medical malpractice may sue in the court. A plaintiff must demonstrate four elements for a valid claim of malpractice: a legal duty to adhere to the standards of practice in the profession; a breach of that obligation; injury caused by the breach and damages that are reasonably connected to the injury.

Expert testimony is required in medical malpractice cases. The defendant's lawyer will often engage in discovery where parties seek written interrogatories as well as requests for documents. These are requests and questions for evidence that the opposing party has to respond under oath. This could be a lengthy and drawn-out procedure, and both sides will be able to have experts be present to testify.

The plaintiff should also demonstrate that the negligence resulted in significant damages. It is costly to pursue a malpractice claim. A lawsuit may not be worth the expense if the damages are minor. The amount of the damages must also exceed the cost to file the lawsuit. It is therefore important that the patient consults an Board Certified legal malpractice lawyer before bringing a lawsuit. After a trial has ended either the winning or losing party can appeal the decision of the lower court. During an appellation, a higher court will review the evidence to determine if the lower court made mistakes in law or fact.