How to File a Medical Malpractice Claim
A malpractice claim is an action against a medical professional for negligent actions that cause injury to the patient. In malpractice cases, an injured patient’s legal team has to establish that the doctor’s actions were a deviation from the standard of care expected from doctors with similar qualifications and education.
Your lawyer will use written questions to the doctor of the defendant and requests for documents. Medical malpractice lawsuits are filed in state trial courts.
Botched Treatment
If you’re a victim of cosmetic surgery gone wrong and you’re unable to recover, you could have an action for malpractice against the surgeon. Cosmetic surgeries like liposuction and breast implants are typically elective procedures and not medically needed, but that doesn’t mean they won’t pose 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 provide this information, then they could be held responsible for malpractice.
For an injury to qualify as medical malpractice the injury must meet a variety of legal requirements. Documentation, such as your medical bills are a way to establish an interaction between a doctor and patient. The surgeon must not have provided the standard of care that is accepted for their particular medical field in similar circumstances. The negligence is the cause of your injury.
A cosmetic procedure that is not done correctly could be as simple as an experienced plastic surgeon inexperienced performing an unnecessary procedure. You may be entitled to compensation for the loss of income, pain and any future medical costs, depending on the extent of the injury. You could also make a claim under vicarious responsibility against your surgeon’s employer. This is because employers like hospitals and clinics can be held accountable for actions committed by employees while working.
Inability to diagnose
Everyone expects their doctors be attentive to any new or unusual symptoms seriously and perform the appropriate tests to accurately identify an injury or illness. If a medical professional fails to meet this requirement and the patient is harmed it could be deemed medical malpractice.
If a doctor isn’t able to correctly diagnose the patient, it could cause unnecessary harm, and even death. Infections that are not properly diagnosed can lead to sepsis, a potentially fatal disease that requires immediate medical care.
A claim for failure to diagnose is usually based on evidence that the healthcare provider had a responsibility to the patient of care, that the doctor breached this obligation, and that the doctor’s negligence directly and indirectly caused the patient’s injury. A successful case will likely require expert testimony from a qualified medical professional about the proper standards of practice and the manner in which the doctor’s actions deviated.
In many instances, healthcare professionals are learning from their mistakes and making improvements to improve the quality of care. For example, after a number of fatal cases that doctors were unable to detect heart attacks, it was discovered that women have different symptoms than men, and that healthcare professionals should be more aware of these differences. These lessons can prevent any future errors. If you suspect that your doctor has not correctly diagnosed you or someone you love, consult with an attorney as soon as possible to determine whether you have an action for malpractice.
Inability to adhere to post-surgery procedures
Malpractice claims may be filed against a healthcare professional when the medical professional fails to follow the correct post-surgery procedure and a patient is injured. For instance, a surgeon, who fails to instruct the patient on how to reduce the risk of infection could be blamed for medical negligence.
Another form of malpractice result from a doctor’s refusal to provide informed consent. This is a crucial aspect of any medical procedure as it allows the patient to make an informed decision about the treatment. If a doctor doesn’t tell a patient that a specific procedure has the chance of losing a limb, then the patient is more likely to decide against it in the event that they are aware of the potential risks.
Physicians involved in malpractice litigation have to deal with an adversarial legal system which can be a new territory. It requires a substantial amount of resources, including time spent in court and settlement negotiations.
There are a variety of ways to decrease the frequency and the severity of malpractice lawsuits. For example, some states have implemented enterprise liability that places the responsibility for malpractice lawsuits with the health care institution rather than the individual doctors who are liable for the claims. This strategy has been linked to a decrease in malpractice payments and premiums.
Injuries resulting from surgical mistakes
Surgeons and hospitals have to ensure a safe surgical procedure. Failure to validate patient information and prepare the operating room, mark incision sites or instruct staff members on surgical checklists could lead to numerous mistakes. Studies suggest that 4,000 surgical mistakes occur in the United States each year, which is approximately 11 per day. These medical malpractice incidents could cause serious injuries, including internal bleeding and nerve damage.
A claim for surgical error malpractice attorney has to prove that the medical professional did not meet the standard of care, which resulted in injury to the patient. To prove this, a legal team must gather evidence of high-quality. This includes medical records and bills. It is recommended also to record the names of health professionals and dates of interactions so that attorneys can present a convincing case.
In a lot of medical malpractice cases, the basis is that surgeons or hospital staff did not follow the standard of care during surgery. There are many surgical errors that are not negligence. A successful malpractice lawsuit must be able to prove four elements that include the legal duty of a healthcare professional to perform the duty, the injury caused by negligence and damages. A lawyer may review medical records and consult with third-party experts to determine if the surgeon’s or any other health care professional’s actions violated the practice standard.