How to File a Medical Malpractice Case

A malpractice case is one in which a medical professional fails to treat a patient according with the accepted standards of medical care. For example when an orthopedic surgeon makes a mistake during surgery, resulting in injuries to nerves in the femoral area, this could be considered medical malpractice.

Duty of care

The doctor-patient relationship is an obligation of care that all medical professionals must meet in their work. This includes taking reasonable precautions to avoid injury or treat a patient's condition. The doctor must also inform the patient about any potential risks associated with a treatment or procedure. If a doctor fails to warn the patient of risks that are known to the profession may be held accountable for malpractice.

A medical professional who violates their duty of caring is accountable for their negligence and is required to pay damages to a plaintiff. To establish this aspect of the case, it has to be shown that a defendant's actions or inaction fell below the standard that other medical professionals would have acted in similar circumstances. This is usually proven by expert testimony.

A medical expert who is knowledgeable about the applicable practice and the types of tests that should be performed to determine the severity of a particular illness can declare that the defendant's conduct violated the standard of care for the particular disease or condition. They can also explain in plain terms to a juror the reason the standard was not met.

Not all medical professionals are qualified to work on malpractice cases, therefore a good attorney should be able to identify and work with the appropriate experts. In the case of complex cases there may be a need for the expert to submit specific reports and be present to be a witness in court.

Breach of duty

All malpractice lawyer cases are based on defining the standard of care and proving that the medical professional violated the standard. This is typically done by getting expert testimony from doctors who have similar training, skills and experience as the alleged negligent doctor.

The standard of care is essentially what other medical professionals in your situation would recommend to treat you. Doctors are bound by their patients to treat them with caution and in a sensible manner. The duty of care carries over to their loved family members. However, this doesn't mean that medical professionals are obligated to act as good Samaritans in and outside of the hospital.

If a medical professional fails to fulfill their duty of care and you're injured, they are accountable for your injuries. The plaintiff must show that the breach directly led to the injury. If, for example, the defendant surgeon does not read the patient's chart and operates on the incorrect leg, causing injury, this is most likely negligence.

It is important to keep in mind that it is possible to show the direct reason for your injury. For instance when the surgical sponge was left behind after a gallbladder surgery, it is difficult to prove that the patient's injuries resulted directly from the procedure.

Causation

A doctor is only liable for malpractice if the patient is able to demonstrate that the doctor's carelessness caused the injury. This is known as "cause". It is crucial to remember that a negative consequence of an operation is not always medical malpractice. The plaintiff must also show that the doctor did not follow the norm of care in similar situations.

A doctor is obliged to inform a patient about all possible risks and outcomes as well as the likelihood of success of an operation. If a patient has not been properly informed about the risks, they could decide to opt out of the procedure, and instead choose an alternative. This is known as the duty of informed consent.

The framework of the legal system that handles medical malpractice cases was developed from English common law in the 19th century. It is regulated by different 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 harms caused by the physician's actions. The plaintiff's attorney must then schedule a deposition for the defendant doctor under oath. This provides an opportunity for the plaintiff to present evidence. The deposition is typically recorded for use as evidence during the trial of the case.

Damages

A patient who believes that a doctor has acted negligently in medical treatment can sue in court. A plaintiff must establish four elements in order to have a valid claim of malpractice: a legal duty to follow the rules of practice in the profession and a breach of the obligation; a harm caused by the breach; and damages that are reasonably related to the injury.

Expert testimony is required in medical malpractice cases. The lawyer of the defendant will usually be involved in discovery, where the parties seek written interrogatories and requests for documents. These are inquiries and requests for tangible evidence, which the opposing party is required to be able to answer under oath. This could be a lengthy and drawn-out procedure and both sides will be able to have experts testify.

The plaintiff must also show that the negligence caused significant damages. This is because it can be expensive to pursue a malpractice claim. If the damages are not too significant or insignificant, it may not be worth it to pursue an action. The amount of the damages must also exceed the cost to bring the lawsuit. Therefore, it is essential that the patient consults a Board Certified legal malpractice lawyer before bringing a lawsuit. After a trial, either winner or the losing party may appeal the decision of the lower court. In the event of an appeal, a higher level court will review the evidence to determine whether the lower court committed mistakes in law or fact.