How to File a Medical Malpractice Claim

A malpractice claim is an action against a health professional for negligent actions that cause injury to the patient. In malpractice cases, the injured patient's legal counsel must establish that the doctor's actions were a deviation from the standard of care that is expected from doctors with similar training and education.

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

Botched Treatment

If you've been the victim of cosmetic surgery gone wrong and you're unable to recover, you could have an action for malpractice against the surgeon. Cosmetic procedures such as breast implants and fat removal are not medically needed, but they still carry risk. Surgeons should advise patients of the most common unwanted complications, inevitable complications and negative outcomes, and allow them to decide if the benefits are worth the risks. If the surgeon fails to reveal this information, they could be liable for negligence.

To be able to claim an injury for medical malpractice, it must meet a set of legal requirements. First there must be an established doctor-patient relationship and this is typically established by documentation such as your medical bills. The surgeon must have not been able to provide the standards of care recognized for their medical specialty in similar circumstances. The negligence must be the cause of your injuries.

If you suffer from an unintentional cosmetic procedure, this could be as simple as leaving the body with a sponge or as complicated as a non-experienced plastic surgeon performing an unneeded procedure. Based on the severity of your injuries, you may be eligible to receive compensation for lost earnings, pain and suffering, as well as future medical expenses. You may also be able to file a claim under vicarious responsibility against your surgeon's employers. This is because employers like hospitals and clinics can be held accountable for actions committed by their employees while working.

Failure to Diagnose

Everyone hopes that their doctor will take new or troubling symptom seriously and conduct the necessary tests to correctly diagnose an illness or injury. Medical malpractice can happen when a health care provider does not follow the proper protocol and the patient is harmed.

In the event that a doctor fails to identify an individual patient correctly could lead to unnecessary harm, or even death. Infections that are not properly diagnosed can lead to sepsis, which is a potentially fatal condition that requires urgent medical care.

A failure to diagnosis claim is typically built on evidence showing that healthcare workers had a duty of caring for the patient and that the doctor acted in breach of the duty, and that his negligence led to the patient's injuries. A successful case will likely require expert testimony by a medical professional who is certified to speak about the appropriate standards of practice and the manner in which the doctor's actions averted the standard.

The positive side is that often healthcare professionals learn from their mistakes and make adjustments to improve their treatment. For instance, after several fatal cases in which doctors failed to detect heart attacks, it was learned that women often experience different symptoms than men, and that healthcare workers should be more aware of these differences. These lessons can prevent the occurrence of future errors. If you believe that your doctor has not properly diagnosed you or someone you love, you should consult with an attorney immediately to determine if you have a malpractice claim.

Failure to follow the post-surgery protocols

If a doctor does not follow the correct post-surgery procedures and malpractice lawsuits a patient is harmed, malpractice claims can be filed against the healthcare provider. For example surgeons who do not instruct the patient to follow certain instructions that decrease infections may be held liable for medical negligence.

A doctor's inability to provide informed consent is another type of malpractice claim. This is a crucial aspect of any medical procedure, as it allows the patient to make an informed choice about the treatment. If a physician does not inform a patient that a particular procedure has a 30% chance of losing a limb, then the patient is more likely to choose not to undergo the procedure in the event they are fully aware of the potential risks.

Physicians who are involved in malpractice lawyers litigation may be in a hostile legal system. It requires a significant amount of resources, including time in courtroom and settlement negotiations.

There are a variety of ways to reduce the frequency and severity of malpractice lawsuits. For example, some states have implemented enterprise liability, which places the responsibility for malpractice lawsuits with the health care organization instead of the individual doctors who are subject to the claims. This approach has been associated with lower costs and fewer payments for malpractice.

Injuries resulting from surgical errors

Surgeons and hospitals are responsible for ensuring the safety of the procedure. Inability to verify the patient's information, properly prepare the operating room, mark the sites of incisions or train staff on surgical checklists could lead to a variety of mistakes. According to research that 4,000 surgical errors occur in the United States every year. This is about 11 per day. These medical malpractice incidents could cause serious injuries, like internal bleeding or nerve damage.

A claim for surgical error malpractice has to prove that the health care professional did not meet the standard of care and resulted in injury to the patient. To prove this an attorney's team must collect high-quality evidence. Medical documents and bills are included. It is also recommended to record names of health care professionals and dates of interactions, so that attorneys can build the strongest case possible.

Many medical malpractice cases state that surgeons or hospital staff members did not adhere to the standard of care when they performed a procedure. But, not all errors made during surgery are considered malpractice. A successful malpractice case must establish four elements which include a health care professional's legal obligation to perform this duty, injury caused by negligence, and damages. Lawyers can look over medical records and consult third-party experts to determine whether a surgeon's or other health care provider’s actions were a violation of the practice standard.