How to File a Medical Malpractice Case Medical malpractice cases are often complex. A knowledgeable attorney can assist you in understanding your legal rights and navigate this complicated procedure. You must prove that your medical professional or other violated their duty to care towards you to file a malpractice lawsuit. This breach resulted in a negative legal outcome, for example, a medical diagnosis that was not favourable or an economic loss. Birth defects The birth of a baby is a very joyful time for parents. Unfortunately, medical issues can also arise during this time. Birth defects such as cleft lip and missing limbs as well as congenital heart diseases and muscular dystrophy can be a source of concern. It is possible to pursue a malpractice lawsuit in the event that a negligent doctor caused these birth defects or complications during pregnancy. Birth defects can be caused by many different causes, such as exposure to harmful chemicals or prescription drugs in addition to environmental factors and issues with prenatal care. A doctor's duty to ensure the health of a pregnant fetus and mother includes conducting proper screening tests and detecting and treating any abnormalities 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 resulted in serious injury. To prove negligence, an expert has to look at the standard of care that a doctor would have adhered to in similar circumstances and show that the physician deviated from that standard and, as a result, caused injury or death. It is important to speak to any eyewitnesses, and also collect evidence at the scene of the accident. These could include hospital employees, other patients, their families nurses, and so on. Also, you must take photographs of the injuries your child sustained to show how severe they are. Maternal deaths Every year, between 700 and 900 women die as a result of complications arising from pregnancy or childbirth. That is a staggering figure particularly in a first-world country like the United States. USA Today recently reported that many of these deaths could have been prevented with better hospital care. Some of the reasons for maternal deaths are obstetric emergency that include severe bleeding during delivery or a hemorrhage following delivery or pre-existing health conditions like obesity and diabetes that affect the pregnancy and childbirth. However doctors also have the responsibility to be aware of and treat warning signs, such as high blood pressure that can cause the deadly condition known as preeclampsia. Preeclampsia can cause premature separation from the placenta and seizures. It may also cause an extremely dangerous condition called HELLP Syndrome. In the United States, medical malpractice claims involving gynecology or obstetrics is among the most frequent kinds of lawsuits. In a malpractice case the plaintiff must prove 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 standards of care are defined by the legal community and varies from state to state. Despite the number of malpractice claims, most are settled without ever going to trial. Settlements are typically reached through direct negotiations between the parties, but sometimes with the assistance of a neutral mediator (often a retired judge or attorney). Medical malpractice suits do not stop a doctor from practicing immediately. Injuries resulting from surgery Although medical advances have dramatically decreased the chance of adverse outcomes, they still can occur. When they do, they often cause serious injuries. These injuries aren't only unpleasant and uncomfortable, they can cause costly corrective surgeries, expensive medical expenses and extended recovery times or even death. Every surgical error is not negligence, but. To be successful it must be demonstrated that medical professionals did not adhere to the standard of care during a procedure and this failure directly triggered injury. Medical malpractice may include: The term "wrong-site" surgery means that the surgeon is operating on a different body part than intended leaving a scalpel sponge, or any other item inside the body of a patient injuring or nicking an organ or nerve; infections result from improperly cleaned or sanitized equipment; and many more. A surgical error lawsuit is a complex issue, so you should always seek the advice of an experienced attorney who is familiar with medical malpractice. You should also document any injuries, including photographs, as well as make notes of any details you believe may be relevant to the case. A lawsuit for a surgical error can take years to resolve, however it's worth it if your doctor made a mistake that caused you to be injured. This is especially applicable if the injuries you suffer are severe and are a significant threat to your living quality. Wrongful death It can be unbearable to lose someone you love dearly, especially when the death was caused by someone else's negligence. Under the law of the state you may be able file a lawsuit against the other party to collect damages. A wrongful death case is different from medical malpractice because it involves a person's life rather than their health. The level of proof is higher. It must be proved beyond reasonable doubt that the death of your loved one was caused by carelessness on the part of another person. For example, Joan's husband passed away due to lung cancer that was missed on an x-ray. The doctor who didn't follow up on his patient's symptoms or perform an MRI after the patient complained of breathing difficulties was responsible for his death. The delay in treatment led to the tumor to grow irreparably. In this case the family of the patient can bring a wrongful-death claim against the doctor and hospital. The type of damages you are able to claim is contingent on the laws in your state, similar to a medical malpractice case. They may include economic and non-economic damages, such as funeral costs as well as loss of consortium and pain and discomfort prior to the death of the victim. The punitive damages can be claimed in wrongful death claims. This amount isn't covered in all circumstances, but it is applicable if the victim's death is as a result multiple mistakes or was a particularly egregious death.