How to File a Medical Malpractice Claim
A malpractice claim is a legal proceeding taken against a health professional for negligent actions that cause injury to the patient. In malpractice cases, the injured patient’s legal team has to establish that the doctor’s actions were a deviation from the standard of care expected from a doctor with similar training and education.
To prove this, your lawyer will use written interrogatories sent to the doctor of the defendant and requests for the production of documents. Medical malpractice lawsuits are filed in state court.
Botched Treatment
You may be able to make a claim for malpractice against your surgeon if you’re the victim of cosmetic surgery that did not go as planned. Cosmetic procedures like breast implants and fat removal aren’t medically advisable, but they still carry risks. Surgeons should always advise patients of the most common, unavoidable complications and undesirable results and allow them to decide if the benefits are worth the risks. If the surgeon does not disclose this information and is found to be negligent, they could be held accountable for malpractice.
For an injury to be considered medical malpractice the injury must meet a variety of legal requirements. First there must be a doctor-patient relationship in place and this is typically established through documentation, such as medical bills. The surgeon also needs to not have provided the required standard of medical treatment in similar circumstances. The negligence is the cause of your injuries.
In the case of a botched cosmetic surgery, this could be as simple as leaving an indestructible sponge inside your body or as complex as a plastic surgeon who isn’t experienced performing a procedure that is not necessary. You could be entitled to compensation for the loss of income, pain as well as future medical expenses dependent on the severity of your injury. You may also be able make a claim under vicarious responsibility against the surgeon’s employers. This is because employers like hospitals and clinics can be held accountable for actions committed by their employees when working.
Inability to diagnose
Every patient expects their doctor to investigate any new or unusual symptoms seriously and conduct the right tests to diagnose an illness or injury. Medical malpractice can occur when a health care provider fails to adhere to this standard and the patient suffers harm.
If a doctor fails to properly diagnose the patient, it could cause unnecessary harm and even death. For example, an infection left undiagnosed could get worse and cause sepsis which is a potentially fatal condition that requires immediate treatment.
A claim for failure of diagnosis is typically founded on evidence that the healthcare provider owed the patient a duty of care, and that the doctor breached this duty, and that the doctor’s negligence directly and indirectly caused the patient’s injury. A successful case will likely require expert testimony by a medical professional who is certified to speak about the proper standards of practice and how the doctor’s actions violated it.
The good news is that in many cases healthcare professionals learn from their mistakes and make adjustments to improve their treatment. After a series of fatal incidents that doctors did not recognize the signs of heart attacks it was discovered women suffer from different symptoms compared to men, and that healthcare workers have to pay greater attention to this distinction. These lessons can help avoid future errors. If you suspect your doctor failed to properly diagnose you or your loved one, it’s important to discuss your case with an attorney as quickly as you can in order to determine what kind of malpractice claim you might have.
Failure to adhere to post-surgery protocols
When a medical professional does not follow the correct procedures for post-surgery and a patient suffers harm and suffers harm, malpractice claims can be filed against the healthcare provider. A surgeon, for example who fails to instruct the patient on how to decrease infection can be held responsible for medical negligence.
A doctor’s failure to give informed consent is another form of malpractice claim. This is a vital aspect of any medical procedure, as it makes sure that the patient is aware of what or she is going to face and is able to make an informed decision the best way to proceed with the procedure. If a doctor fails to inform the patient that a specific procedure has a 30% chance of losing a limb, then the patient is likely to decline the procedure in the event they are fully aware of the potential risks.
Physicians involved in malpractice litigation face an adversarial legal system which can be unfamiliar territory. It requires a large amount of resources, including time in courtrooms and settlement negotiations.
There are a variety of methods to reduce the number and severity of malpractice lawsuits. Some states, for example have implemented enterprise liability that places the responsibility for malpractice claims on the health care provider rather than the individual physicians. This strategy has been linked to a decrease in malpractice payments as well as premiums.
Injuries due to surgical errors
Hospitals and surgeons have to ensure that the procedure is safe. Failure to validate patient information and to properly prepare the operating room, mark incision sites or instruct staff on checklists for surgery could lead to several errors. Studies suggest that 4,000 surgical errors are committed in the United States each year, which is around 11 per day. These medical malpractice cases could cause serious injuries, like internal bleeding, and nerve damage.
A malpractice claim that is based on surgical error has to demonstrate that the health care provider fell below the standard of care and caused injury to the patient. To prove this legal counsel must gather evidence of superior quality. Medical records and bills are included. It is also beneficial to keep the names of health professionals and dates of interactions, so that lawyers can construct the strongest possible case.
In many medical malpractice law firms cases, the basis is that surgeons or hospital staff did not follow the standard of care during an operation. However, not every error that occur during surgery are considered to be malpractice. A successful malpractice claim must prove four elements that are legal obligations of a health provider in breach of that duty, the harm caused by negligence and damages. A lawyer can review your medical records and speak with third-party medical experts to determine if a surgeon’s or other health care provider’s actions were a breach of the standard of care.
