How to File a Medical Malpractice Case

Medical malpractice cases are typically complicated. Fortunately, an experienced lawyer can help you understand your legal rights and navigate this complicated procedure.

To file a claim for medical malpractice you must prove that your doctor or another healthcare professional violated their obligation of care to you. This breach resulted in a negative legal result for you, like an unfavorable outcome for your medical treatment or financial loss.

Birth defects

The excitement of parents when they witness the birth of their baby is unmatched. Unfortunately, it’s also a time when medical concerns may arise. Birth defects like missing limbs or Malpractice Lawsuits cleft lips and congenital heart disease and muscular dystrophy are all a concern. You could be able to bring a malpractice claim when a doctor’s negligence has caused these problems during pregnancy or birth.

Birth defects can be caused by various reasons, including exposure to prescription medications or environmental factors, toxic chemicals and prenatal care problems. The duty of a doctor to ensure the health of the mother and fetus includes conducting proper screening tests and detecting and treating any abnormalities that occur during pregnancy.

Medical experts must determine if a doctor’s error caused serious injury or death due to not diagnosing or treating the condition. To prove negligence, a medical professional must examine the standard of treatment that a doctor would have followed in the same circumstances. The expert must then be able to show that the doctor’s negligence was different from the standard and caused the injury or death.

It is essential to talk to any eyewitnesses, and also collect evidence at the accident site. This includes witnesses at the hospital, other patients or their families, nurses, and more. Additionally, you must take pictures of the injuries that your child sustained to demonstrate how severe they were.

Maternal deaths

Every year approximately 700-900 women die of complications arising from pregnancy or childbirth. This is a staggering number, especially for a country in the first world like the United States. USA Today recently reported that many of these deaths could have been avoided with better hospital care.

Some of the reasons for maternal death include obstetric emergencies that include severe bleeding during birth or a hemorrhage afterwards, and pre-existing conditions like obesity and diabetes that impact the childbirth process and pregnancy. However, doctors also have the responsibility to observe and treat warning signs, such as high blood pressure that can lead to the dangerous condition known as preeclampsia. Preeclampsia can lead to a premature separation from the placenta and seizures. It may also lead to an extremely dangerous condition called HELLP Syndrome.

Medical malpractice lawsuits involving obstetrics and gynecology are some of the most common kinds of lawsuits filed in the United States. In a malpractice lawsuit, the plaintiff must prove that the healthcare provider or doctor did not adhere to the accepted standards of care and that the violation led to the plaintiff’s injury or death. The standard of care is set by the legal community and varies from state to state. Despite the many malpractice cases, the majority of them are resolved prior to trial. Settlements are typically reached through direct negotiations between the parties, and usually involves the assistance of a neutral third party, such as mediators (often retired judges or attorneys). Medical malpractice law firms suits do not disqualify a doctor from practicing immediately.

Injuries caused by surgery

While medical advancements have drastically reduced the risk of adverse outcomes, they do occur. When they do they can lead to serious injuries. These injuries are not only unpleasant and uncomfortable, they can also lead to expensive corrective procedures, high medical expenses, extended recovery times, or even death.

Some surgical errors are not negligence. To prove a case it must be established that a healthcare professional didn’t follow the standard of care during the procedure and that failure resulted in injuries. Damages that are considered medical malpractice are:

Surgery that is performed on the wrong site, meaning the surgeon operates on another body part than intended leaving a scalpel, sponge or other piece inside of a patient; puncturing or nicking an organ or nerve; infections result from improperly cleaned or Malpractice Lawsuits sanitized equipment; and many more.

A lawsuit for a surgical error is a complicated issue therefore, you must seek out the assistance of an experienced attorney who is familiar with medical malpractice law firms. It is also important to document any injuries, including photos as well as take notes of any details you think could be relevant to the case. It could take years for a surgical error lawsuit to be resolved however it’s well worth it if you were injured as a result of a mistake made by your doctor. This is especially true if you suffer severe injuries that severely hinder your life quality.

Wrongful death

It can be unbearable to lose a loved one, especially when the death was the result of another’s negligence. According to the laws of your state you may be able to make a claim against the party to obtain compensation for the loss.

A wrongful death differs from a medical malpractice claim since it is a matter of the life of a person rather than their health. The level of proof is higher. It must be proved beyond reasonable doubt that the death of your loved one was caused by negligence on the part another party.

For instance, her husband passed away due to lung cancer that was not found on an x-ray. The cause of his death was the doctor’s failure to observe the symptoms of his patient and also to conduct an MRI when the patient was experiencing trouble breathing. The resulting delay in treatment allowed the tumor to grow and cause irreparable harm.

In this situation the family of the patient could bring a wrongful-death claim against the doctor and the hospital. The type of damages you can claim is determined by the laws in your state, just like the medical malpractice case. They can include both economic and non-economic losses, including funeral expenses loss of consortium, funeral expenses and suffering prior to the victim’s death. Punitive damages can be claimed in wrongful death claims. This amount may not be included in all cases, but it’s a possibility if the death of the victim was particularly inexplicably egregious or as a result of multiple errors.