How to File a Medical Malpractice Claim
A malpractice claim is a legal action against a healthcare professional for negligent actions that result in injury to the patient. In malpractice cases, the injured patient's legal team has to prove that the doctor's actions were deviant from the standard of care expected from a doctor with similar training and education.
Your lawyer will make use of written questions that are sent to the doctor who is defendant and requests for documents. Medical malpractice lawsuits are filed in state trial courts.
Botched Treatment
You may be able to bring a malpractice lawsuit against your surgeon if the victim of cosmetic surgery that failed to meet your expectations. Cosmetic procedures like breast implants and fat removal are not medically required however they are still associated with risk. Surgeons must inform patients about the common unavoidable risks and undesirable results. They should also allow patients to decide whether they prefer the advantages over the risks. If the surgeon does not disclose this information the patient could be held responsible for negligence.
For an injury to qualify as medical malpractice, malpractice it has meet a set 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 has to have not provided the medical standard that is accepted as standard care in similar circumstances. The negligence is the cause of your injury.
If you suffer from an error in cosmetic surgery it could be as simple as removing the body with a sponge or as complex as a plastic surgeon who isn't experienced performing an unnecessary procedure. You may be entitled to compensation for lost wages, pain and any future medical costs dependent on the severity of your injury. You may also be able file a claim under vicarious responsibility against the surgeon's employer. This is because employers like hospitals and clinics can be held accountable for the actions committed by their employees while on duty.
Inability to diagnose
Everyone hopes that their doctor will take new or troubling symptom seriously and conduct the necessary tests to accurately diagnose an injury or illness. If a healthcare professional fails to follow this and the patient suffers damages it could be deemed medical malpractice.
If a doctor fails to properly diagnose the patient, it could cause unnecessary harm and death. For example an infection that's not diagnosed could get worse and cause sepsis, a potentially life-threatening condition that requires immediate treatment.
A claim for failure of diagnosis is usually made based on evidence that proves a healthcare worker owed the patient a duty of care, and that the doctor violated this obligation, and that the doctor's negligence directly and indirectly caused the patient's injury. A successful case is likely to require expert testimony from 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.
In many instances, healthcare professionals are gaining knowledge from their mistakes and implementing adjustments to improve their healthcare. For instance, following a number of fatal cases where doctors were unable to detect heart attacks, it was discovered that women have different symptoms than men, and that healthcare workers should pay more attention to these differences. These lessons can be used to prevent the occurrence of future errors. However, if you believe your doctor has failed to correctly diagnose you or a loved one, it's important to discuss your situation with an attorney as soon as possible to determine the kind of malpractice claim you may have.
Failure to follow post-surgery protocols
If a doctor does not follow the correct post-surgery procedures and a patient suffers the malpractice claim can be filed against the medical professional. For example surgeons who do not instruct patients to follow certain guidelines that decrease infections may be held accountable for medical negligence.
Another form of malpractice result from a doctor's refusal to provide informed consent. This is an essential aspect of any medical procedure since it lets the patient make an informed decision regarding the treatment. If a doctor fails to tell a patient that a particular procedure is a risky one with an average risk of 30% of losing a limb then the patient is more likely to decline the procedure in the event that they are aware of the risks.
Physicians who are involved in malpractice litigation face an adversarial legal system which can be unfamiliar territory. It requires a significant amount of resources, including time spent in courtrooms and settlement negotiations.
There are many ways to decrease the number and severity of malpractice lawsuits. Some states, like have implemented enterprise liability that places the responsibility for malpractice claims on the health care provider and not the individual physicians. This strategy has been linked to a decrease in malpractice payments and higher premiums.
Injury resulting from surgical errors
Hospitals and surgeons have to ensure the safety of surgical procedures. If you fail to verify patient information, prepare the operating room in a safe manner and mark the incision sites or instruct your staff on surgical checklists, you are likely to make a number of mistakes. According to studies, 4,000 surgical mistakes occur in the United States every year. That's around 11 per day. These medical malpractice cases could result in severe injuries, such as internal bleeding, amputations, and nerve damage.
A claim for surgical error malpractice must be able to prove that the health care professional was not up to the standard of care, which resulted in injury to the patient. To prove this the legal team needs to collect evidence of superior quality. This includes medical records and invoices. It is also recommended to record names of health care professionals as well as dates of interactions so that attorneys can build the strongest possible case.
In many medical malpractice cases, the basis is that surgeons or hospital staff didn't follow the standards of care during an operation. However, not all errors that occur during surgery can be considered to be a case of malpractice. A successful malpractice claim must establish four elements that include a health professional's legal duty and breach of this duty, injury caused by the negligence and damages. A lawyer can review medical records and consult with third-party experts to determine whether the surgeon's actions or another health care provider’s actions violated the rules of practice.