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How to File a Medical Malpractice Case

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

In order to file a malpractice claim, you must prove that your doctor or another healthcare professional breached their obligation of care to you. This breach could result in an adverse legal result for you, such as an unfavorable medical diagnosis or financial loss.

Birth defects

The joy of parents at the birth of their child is unmatched. However, medical issues may occur during this time. These can include issues related to birth defects, like lips with clefts and missing limbs or congenital heart disease and muscular dystrophy. If a medical professional's negligence during pregnancy or delivery caused these conditions, you could be able to file a malpractice claim.

Birth defects can occur for various reasons, including exposure to prescription medications, environmental factors, toxic chemicals and prenatal care problems. A doctor's duty to ensure the health of a pregnant fetus and mother includes conducting appropriate screening tests and detecting and treating any abnormalities during pregnancy.

Medical experts must determine if a doctor's negligence caused fatal injury or death as a result of not diagnosing or treating the condition. To prove negligence, an expert must examine the standard of care that a physician would have adhered to in the same circumstances and show that the doctor was not following the standard and, as a result, caused injury or death.

It is important to speak to any witnesses and gather evidence at the accident site. This could include witnesses at the hospital, other patients or their families, nurses and more. Also, you need to capture photos of the injuries that your child sustained to show how severe they were.

Maternal deaths

Every year, between 700 and 900 women die due to complications during pregnancy or childbirth. This is an alarming number and especially for a country that is in the first world such as the United States. A recent investigation conducted by USA Today suggests many of the deaths could have been prevented with better medical care in hospitals.

The main causes of maternal death are obstetric emergency that include bleeding that is severe during birth or hemorrhage afterwards, and existing diseases such as obesity and diabetes, which affect childbirth and pregnancy. Doctors also have the responsibility to watch for warning signs, such as high blood pressure, which could lead to preeclampsia, a potentially dangerous condition. Preeclampsia may cause a premature separation of the placenta from the uterus and seizures. It may also cause a life-threatening condition called HELLP Syndrome.

Obstetrics-related medical malpractice cases involving obstetrics and gynecology are some of the most frequently filed lawsuits filed in the United States. In a malpractice case the plaintiff must prove that the doctor or healthcare provider 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 differs from state to state. Despite the number of malpractice cases, most are settled before trial. A settlement is usually reached through direct negotiations between parties and typically involves the assistance of a neutral third party, like a mediator (often retired judges or attorneys). Medical malpractice lawsuits are not the only way to remove a doctor from practice immediately.

Injuries as a result of surgery

Medical advances have dramatically reduced the risk of adverse outcomes from surgery, but they can still happen. If they do happen they can result in serious injuries. Apart from being uncomfortable and inconvenient these injuries can result in costly corrective procedures as well as a high amount of medical expenses and a long recovery time or even death.

Some surgical errors are not malpractice attorney. To establish a case, it must be shown that a healthcare professional did not adhere to the standard of care in an operation and this caused injuries. A case of medical malpractice are:

Wrong-site surgery, which means the surgeon works on another body part than intended leaving a scalpel sponge, or any other item inside the body of a patient cutting or nicking an organ or nerve; infection caused by unclean or sanitized equipment; and more.

A lawsuit for a surgical error can be a difficult issue which is why it is crucial to consult with an attorney who has experience in medical malpractice. Also, you should document any injuries, including photos as well as take notes on any information you believe may be relevant to the claim. It could take a long time for a lawsuit based on a surgical error 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 particularly true if your injuries are severe and have a significant impact on your ability to live.

Wrongful death

The loss of a loved ones can be extremely stressful, but if the death is caused by the negligence of someone else it can be incredibly painful. Based on the law of your state, it may be possible to pursue a claim against that party to obtain compensation for your loss.

A wrongful death case is different from a medical malpractice case because it affects a person's lives instead of their health. This is why the requirements for proof are higher and it must be proved beyond an unreasonable doubt that the loved one's death was the result of another party's negligence.

For instance, her husband passed away due to lung tumors that were missed on 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 difficulties was the cause of his death. The resulting delay in treatment allowed the tumor to grow and cause irreparable damage.

In this instance, the patient's relatives could file a claim for wrongful death against the doctor and hospital. Like a medical negligence claim the type of damages that can be claimed is contingent on the laws of your state. They could include economic and non-economic damages like funeral expenses and loss of consortium and discomfort and pain prior to the death of the victim. The punitive damages can be claimed in wrongful death claims. This amount is not included in every case, but it's an option if the victim's death was particularly egregious or a result of multiple errors.