How to File a Medical Malpractice Case

A malpractice case arises when a medical professional fails in their duty to treat a patient in accordance with accepted standards of treatment. For example, if an orthopedic surgeon makes a mistake during surgery, resulting in injury to nerves in the femoral region, this could be considered medical malpractice.

Duty of care

The doctor-patient relationship has a duty of care that all medical professionals must fulfill in their duties. This means taking reasonable measures to prevent injury and to cure or treat a patient's condition. The doctor should also inform the patient of the potential dangers that are associated with treatment or procedure. A doctor who fails to inform the patient of any dangers that are known to the profession may be held accountable for malpractice.

Medical professionals who fail to fulfill their duty of care is liable for negligence and is required to pay damages to the plaintiff. This aspect of the case must be established by showing that the defendant's actions, or lack thereof, fell below the standard of the way other medical professionals perform in similar situations. This is usually established by expert testimony.

A medical expert who is familiar with the relevant practice and the types of tests that should be conducted to diagnose the condition can be able to prove that the defendant's actions breached the standard of care for the particular disease or condition. They can also explain to a jury in simple terms what the standard of care was violated.

Some medical experts are not qualified to work on malpractice cases, so an experienced attorney should be able to identify and work with expert witnesses. In cases that are complex the expert might be required to provide detailed reports as well as be available to testify at the court.

Breach of duty

Defining the standard of care and proving that a medical professional breached it is the premise of all malpractice lawyer cases. This is usually done with expert testimony from other doctors with similar skills, knowledge and experience as the negligent doctor.

In essence, the standard of care is what other medical professionals would do in your situation to treat you. Doctors are obliged to their patients by a duty of care to act reasonably and with due caution when treating a patient. The duty of care extends to loved relatives of their patients. It doesn't mean medical professionals have a responsibility to be good samaritans in and outside of the hospital.

If a medical professional violates his or their duty of care and you suffer harm then they are accountable for the harm. The plaintiff must also establish that the breach directly led to the injury. For instance, if a surgeon in the defendant's chart and then operates on the wrong leg and causes an injury, it's likely negligence.

It could be difficult to establish the cause of your injury. It is difficult to prove that the surgical sponge left over after gallbladder surgery caused injuries.

Causation

A doctor can only be held accountable for malpractice if the patient can demonstrate that the doctor's carelessness caused the injury. This is known as "causation." It is crucial to understand that a negative result from a treatment does not necessarily constitute medical malpractice. The plaintiff must also show that the doctor erred from a standard of care that is usually used in similar cases.

It is the doctor's responsibility to inform patients of the risks and potential outcomes of a procedure, as well as its success rate. If a patient is not adequately informed about risks, they may have opted to forgo the procedure in favour of an alternative. This is known as the obligation of informed consent.

The legal system used to deal with medical malpractice cases developed from English common law in the 19th century. It is regulated by a variety of state statutes and court decisions.

The process of suing a physician involves filing an official complaint or summons filed in the state court. The document outlines the alleged wrongs, and demands compensation for injuries caused by a physician's actions. The lawyer of the plaintiff must schedule an oath-taking deposition with the defendant doctor, which gives the plaintiff the opportunity to give testimony. The deposition is usually recorded and Lawyers used as evidence during the trial of the case.

Damages

A patient who believes a physician has committed medical malpractice could make an action with a court. A plaintiff must prove four elements to support a claim of malpractice: a legal obligation to perform the duties of practice in the profession and a breach of this duty; an injury caused by the breach; and damages that are reasonably connected to the injury.

Medical malpractice cases require expert testimony. Lawyers for the defendant often engage in discovery where the parties seek written interrogatories as well as requests for documents. These are requests and questions for tangible evidence, which the opposing party has to be able to answer under oath. This could be a lengthy and drawn-out process and both sides will have experts provide testimony.

The plaintiff must also prove that the negligence caused significant damages. This is because it could be expensive to pursue a malpractice claim. A lawsuit might not be worth it if the damages are minor. The amount of the damages must be more than the amount required to bring the lawsuit. This is why it is crucial for a patient to consult with an experienced Board Certified legal malpractice attorney prior to making a claim. When a trial is over, either the losing or winning party may appeal the decision of the lower court. In an appeal, a higher court will review the record and decide if the lower court made any errors in the law or in the facts.