How to File a Medical Malpractice Case

Medical malpractice cases can be difficult. Fortunately, an experienced attorney can help you understand your legal rights and navigate this complex process.

You must prove that your doctor or healthcare professional did not fulfill their duty of care toward you to bring a malpractice lawsuit. The breach led to an adverse legal outcome, such as a medical result that was not favourable or a financial loss.

Birth defects

The excitement of parents when they witness the birth of their child is unmatched. Unfortunately, medical issues could also arise during this time. Birth defects such as the cleft lip, missing limbs, congenital heart disease, and muscular dystrophy can be a cause for concern. It is possible to bring a malpractice claim in the event that a negligent doctor caused these problems during pregnancy or birth.

Birth defects can result from various reasons, including exposure to prescription drugs or environmental factors, toxic chemicals and prenatal care issues. The responsibility of the doctor to ensure the health and well-being of mother and fetus involves performing appropriate screening tests, identifying and treating any abnormalities that may occur during pregnancy and conducting appropriate tests for screening.

Medical experts must determine if negligence by a doctor caused fatal injury or death as a result of not diagnosing or treating the condition. To prove negligence, an expert must look at the standard of care a doctor would have followed in similar circumstances and prove that the doctor was not following the standard and caused the injury or death.

It is crucial to speak to any eyewitnesses, and also collect evidence at the accident site. These could include people who were at the hospital and other patients, their families, nurses and more. You must also take photos of the injuries your child sustained to show how serious they are.

Maternal deaths

Every year around 700 to 900 women die each year as a result of complications caused by pregnancy or childbirth. This is a staggering figure especially for a nation in the first world like the United States. USA Today recently reported that many of these deaths could have been avoided by better medical care in hospitals.

A few of the reasons for maternal deaths are obstetric emergencies which can be caused by bleeding that is severe during birth or hemorrhage afterwards, and pre-existing illnesses like diabetes and obesity, which can affect pregnancy and childbirth. However, doctors also have the responsibility to observe and identify warning signs, such as high blood pressure that could result in the dangerous condition known as preeclampsia. Preeclampsia can cause premature separation from the placenta and seizures. It may cause a life-threatening condition called HELLP Syndrome.

In the United States, medical malpractice claims involving gynecology or obstetrics is among the most popular kinds of lawsuits. In a malpractice lawsuit the plaintiff has to prove that a healthcare provider violated a recognized standard of care that caused the plaintiff to suffer injury or even die. The legal community sets the standard of care, which is different from one state to another. Despite the number of malpractice claims, the majority settle without ever going to trial. A settlement is often reached through direct negotiations between the parties, or with the help of an impartial mediator (often a retired judge or attorney). Medical malpractice lawsuits are not the only way to take a doctor off the market quickly.

Injuries caused by surgery

Even though medical advancements have drastically reduced the likelihood of adverse outcomes, they still can occur. If they do happen they can lead to serious injuries. These injuries are not only painful and inconvenient but can cause costly corrective surgeries, high medical costs, extended recovery times, or malpractice lawsuit even death.

Each surgical error does not constitute malpractice, however. To prove a claim, it must be established that a healthcare provider didn't follow the standard of care during an operation, and this error resulted in injuries. Injuries that can be considered medical malpractice can include:

Incorrect-site surgeries, in which the surgeon performs surgery on a body part other than what was intended leaving a sponge, scalpel or another item inside the patient, which can cause puncture or nicking nerves or organ, or causing infections due to unclean and sanitized instruments and equipment, etc.

A lawsuit arising from a surgical error may be a difficult issue which is why it is crucial to seek the advice of an attorney with expertise in medical malpractice. It is also important to document any injuries, with photos and take notes of any details you think are relevant to the claim. A lawsuit based on a surgical error could take years to resolve, however it's worth the effort if your doctor committed an avoidable error that caused you to be injured. This is especially true if your injuries are serious and are a significant threat to the quality of your life.

Wrongful death

Losing a loved one can be extremely stressful. However, if the death is caused by negligence of another and Malpractice lawsuit carelessness, it can be incredibly painful. Based on the law of your state it is possible to file a claim against that person to recover damages for your loss.

A wrongful death case is different from a medical negligence case since it affects a person's lives rather than their health. The standard of proof is therefore higher. It must be established beyond reasonable doubt that the death of your loved one was caused by carelessness on the part of another party.

For instance, her husband passed away due to lung tumors that were missed on an x-ray. His death was caused by a doctor who failed to observe the symptoms of his patient and to perform an MRI when the patient was experiencing difficulty breathing. The delay in treatment led to the tumor to grow irreparably.

In this instance the family of the patient can pursue a wrongful death lawsuit against the doctor and hospital. As with a medical malpractice lawsuit, the type of damages that can be sought is based on the laws in your state. They can include economic and non-economic damages like funeral expenses or loss of consortium and pain and discomfort prior to the death of the victim. In addition, claims for wrongful death can include punitive damages. This amount may not be included in every instance, but it's a possibility if the death of the victim was particularly severe or the result of multiple errors.