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How to File a Medical Malpractice Case

Medical malpractice cases can be complicated. An experienced attorney can guide you through this difficult procedure and help you understand your rights.

You must prove that the medical professional or other did not fulfill their duty of care towards you in order to file a malpractice lawsuit. The breach led to negative legal consequences, like a medical conclusion which was not in your favor or an economic loss.

Birth defects

The excitement parents feel at the birth of their child is unmatched. However, medical problems can occur during this time. These could be related to birth defects, like lips that are missing or cleft, or congenital heart disease and muscular dystrophy. You may be able to pursue a malpractice lawsuit when a doctor's negligence has caused these birth defects or complications during pregnancy.

Birth defects can be caused by different reasons, such as exposure to prescription drugs or environmental factors, toxic chemicals and prenatal issues. A doctor's duty to ensure the health of the mother and fetus is to conduct appropriate screening tests and detecting and treating any abnormalities during pregnancy.

Medical experts must determine if the negligence of a doctor caused serious injury or death by not diagnosing or treating the condition. To prove negligence, a medical expert must review the standard medical care that a doctor would have followed in the same situation. The expert then has to prove that the doctor strayed 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 could include witnesses at the hospital as well as other patients or their families, nurses and more. Also, you must take photographs of your child's injuries to show how severe they are.

Maternal deaths

Every year, 700-900 women die due to complications during pregnancy or childbirth. This is a staggering figure and especially for a country located in the world's first, such as the United States. USA Today recently reported that many of these deaths could have been avoided with better hospital care.

Some of the causes for maternal deaths are obstetric emergencies which can be caused by bleeding from the birth or hemorrhage that follows, and existing diseases such as obesity and diabetes that affect pregnancy and childbirth. However, doctors also have a responsibility to observe and take care of warning signs, like high blood pressure which could lead to the dangerous condition known as preeclampsia. Preeclampsia may cause a premature separation from the placenta and seizures. It can cause the life-threatening condition known as HELLP Syndrome.

Medical malpractice lawsuits which involve gynecology or obstetrics are some of the most common kinds of lawsuits filed in the United States. In a malpractice case the plaintiff must prove that the doctor or healthcare provider violated the accepted standards of care and that the breach caused the plaintiff's injury or death. The standard of care is defined by the legal community and differs from state to state. Despite the numerous malpractice cases, the majority of them are settled without ever going to trial. A settlement is typically reached through direct negotiations between the parties and typically involves the assistance of an impartial third party like a mediator (often retired judges or attorneys). Medical malpractice lawsuits are not the only way to take a doctor off the market immediately.

Surgery-related injuries

Although medical advances have drastically reduced the risk of negative outcomes, they do occur. When they do, they usually cause serious injuries. Apart from being painful and inconvenient these injuries can result in costly corrective procedures and medical bills that are excessive and a long recovery time or even death.

There are many surgical mistakes that are malpractice. In order for a case to be successful it must be proved that medical professionals did not adhere to the guidelines for a procedure, and that the failure directly caused injuries. The types of injuries that could be considered medical malpractice are:

A wrong-site procedure, where the surgeon works on another body part than intended; leaving a scalpel, sponge, or any other item inside a patient the surgeon may nick or puncture an organ or nerve; infections caused by unclean or sanitized equipment, and more.

A surgical error lawsuit is a complex matter therefore, you must seek the help of an experienced lawyer 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 claim. A lawsuit for a surgical error can take several years to settle, but it's worth it when your doctor made a error that resulted in injury. This is particularly true in cases where you suffered serious injuries that seriously affect your life quality.

Wrongful death

It is a terrible experience to lose the love of your life, especially when the death was caused by someone else's negligence. Based on the law of your state you may be able to bring a claim against the party to recover damages for your loss.

A wrongful death case differs from medical malpractice because it affects a person's lives rather than their health. Therefore, the requirement for proof is higher and it must be proved beyond a reasonable doubt that your loved one's death was due to the negligence of another person.

For instance, the husband of Joan's, died of a lung tumor that was not discovered by an x-ray. The doctor who failed to examine his patient's symptoms, or perform an MRI after the patient complained of breathing issues was responsible for his death. The delay in treatment caused the tumor to grow irreparably.

In this instance the family of the patient could make a claim for wrongful death against the doctor and hospital. As with a medical malpractice lawsuit, the type of damages which can be claimed will depend on the laws in your state. They can cover economic and non-economic damages, like funeral expenses as well as loss of consortium and pain and discomfort prior to the death of the victim. Punitive damages may be sought in wrongful death claims. This amount isn't included in all circumstances, but it is accessible if the victim's death occurred due to multiple errors or was a particularly egregious death.