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How to File a Medical Malpractice Case

Medical malpractice cases can be a bit complicated. A knowledgeable attorney can help you understand your legal rights and navigate this complicated procedure.

You must prove that the doctor or healthcare professional breached their duty of care towards you to pursue a malpractice suit. The breach led to a negative legal outcome, like a medical conclusion which was not in your favor or an economic loss.

Birth defects

The birth of a child is an extremely joyful time for parents. Unfortunately, medical issues could also arise during this period. These can include issues related to birth defects like lips that are missing or cleft, or congenital heart disease, as well as muscular dystrophy. If negligence of a doctor during pregnancy or birth caused these conditions, you may have a valid malpractice claim.

Birth defects can result from different reasons, such as exposure to prescription medications or environmental factors that cause toxic chemicals and prenatal health issues. The duty of a doctor to ensure the health of the mother and fetus includes conducting the appropriate screening tests, and detecting and treating any abnormalities that occur during pregnancy.

Medical experts will need to determine if the negligence of a doctor in the diagnosis or treatment of the condition was negligent and led to serious injuries. To establish negligence, a medical professional must examine the standard of medical care that a doctor would have adhered too in the same circumstances. The expert must then be able to show that the doctor deviated away from this standard and caused the injury or death.

It is important to speak to any eyewitnesses, and also collect evidence at the scene of the accident. This includes witnesses at the hospital and other patients as well as 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 number especially for a nation that is in the first world such as the United States. USA Today recently reported that many of these deaths could have been prevented with better hospital care.

The main causes of maternal death are obstetric emergency that include bleeding from the birth or hemorrhage that follows, and existing diseases such as obesity and diabetes that affect pregnancy and childbirth. Doctors also have a responsibility to monitor warning signs such as high blood pressure, which can lead to preeclampsia, an extremely dangerous condition. Preeclampsia can cause premature separation of the placenta, seizures, and the life-threatening disorder known as HELLP syndrome.

In the United States, medical malpractice claims involving obstetrics or gynecology is among the most frequent kinds of lawsuits. In a malpractice case, a claimant must prove that the doctor or healthcare provider did not adhere to the accepted standards of care and that that negligence caused the plaintiff's injury or death. The legal community determines the standard of care, which differs from one state to another. Despite the number of malpractice lawsuit cases, the majority of them settle without ever going to trial. A settlement is usually reached through direct negotiations between parties, and usually involves the assistance of a neutral third party, like a mediator (often retired judges or attorneys). Medical malpractice lawyer suits are not able to remove a doctor from practice quickly.

Injuries caused by surgery

Even though medical advances have dramatically reduced the risk of negative outcomes, they do occur. If they do happen, they can cause serious injuries. In addition to being painful and inconvenient, such injuries can lead to costly corrective surgeries as well as a high amount of medical expenses in the long run, a lengthy recovery time or even death.

Some surgical errors are not negligence. In order for a case to be successful it must be demonstrated that medical professionals failed to adhere to the standard of care during a procedure, and that the failure directly resulted in injuries. The types of injuries that could be considered medical malpractice can include:

A wrong-site procedure, where the surgeon operates on an area of the body that is not intended; leaving a scalpel, sponge, or other item inside the body of a patient puncturing or nicking an organ or nerve; infections due to improperly cleaned or sanitized equipment; and many more.

A lawsuit based on a surgical error is a complex matter, so you should always seek the help from an experienced attorney who is knowledgeable about medical malpractice. It's also important to document any injuries that you suffer, including photos, and take note of any information you believe could be relevant to your case. It could take years for a case of surgical error to be resolved, but it is worth it if you've been injured by your doctor's mistake. This is particularly true if your injuries are serious and are a significant threat to your living quality.

Wrongful death

Losing a loved one can be extremely stressful. However, if the death is due to someone else's negligence the experience can be extremely painful. Under the law of the state you may be able to file a lawsuit against the other party to seek damages.

A wrongful death differs from a medical malpractice claim because it is a matter of the life of a person more than their health. The requirements for proof are therefore higher. It must be proved beyond reasonable doubt that the death of your loved person was caused by negligence on the part another person.

The husband of Joan's mother, for instance was diagnosed with a lung tumor that was not detected by an x-ray. The doctor who did not follow up on the patient's symptoms or conduct an MRI after the patient complained of breathing issues was the cause of his death. The delay in treatment led to the tumor to grow irreparably.

In this instance the family of the patient could pursue a wrongful death lawsuit against the doctor and the hospital. The type of damages you are able to claim depends on the laws in your state, much like the medical malpractice case. They can cover both economic and non-economic losses like funeral costs as well as loss of consortium, pain and suffering prior to the death of the victim. Punitive damages are a possibility in wrongful death claims. This amount isn't covered in every case, but it's applicable if the victim's death is due to multiple errors or was a particularly grave death.