How to File a Medical Malpractice Case A malpractice case is when a medical professional is not in their obligation to treat a patient according to accepted standards of treatment. Medical malpractice could be committed by an orthopedic surgeon who makes a mistake during surgery and damages nerves of the femoral region. Duty of care All medical professionals are obligated by the obligation to care that arises from the doctor-patient relationship. The job requires taking reasonable measures to prevent injury and to treat or relieve a patient's illness. The doctor must inform the patient about the risks connected to a treatment procedure. A doctor who does not inform the patient of any potential risks known to the profession could be held responsible for malpractice. When a medical professional violates their duty of care, they can be held accountable for negligence and are required to pay damages to the plaintiff. This element of the case must be proven by showing that the defendant's conduct, or lack thereof, did not meet the standards of what other medical professionals would behave in similar situations. This is usually demonstrated by expert testimony. A medical professional who is familiar with the relevant practice and the kinds of tests that should be conducted to diagnose the condition can be able to prove that the defendant's actions did not meet the standards of care for the specific disease or condition. They can also inform jurors in simple terms why the standard of care was violated. Some medical experts are not competent to handle malpractice cases, therefore an experienced attorney must know how to find and work with the right expert witnesses. In complex cases it might be necessary for the expert witness to provide specific reports and be present to give evidence in the courtroom. Breach of duty The definition of the standard of medical care and proving that the medical professional breached it is the premise of all malpractice cases. This is usually done by gathering expert evidence from doctors with similar skills, training and experience as the alleged negligent doctor. The standards of care are basically what other medical professionals in your situation would offer to treat you. Doctors have a responsibility to their patients to treat them with care and in a reasonable manner. The duty of care extends to loved relatives of their patients. However, this does not mean that medical professionals have a responsibility to act as good samaritans outside of the hospital. If a medical professional fails to fulfill their duty of care and you are injured, they are held accountable for your injuries. The plaintiff must prove that the breach directly led to their injury. If, for example, the defendant surgeon does not read the patient's chart and operates on the wrong leg, causing an injury, this is most likely negligence. It is important to note that it could be difficult to prove the cause of your injury. It can be difficult to prove that a surgical sponge left behind after gallbladder surgery caused the patient's injuries. Causation A doctor is only accountable for malpractice if the patient can demonstrate that the doctor's negligence caused the injury. This is known as "causation." It is crucial to understand that a negative result from an operation does not necessarily constitute medical malpractice. The plaintiff must also demonstrate that the doctor did not adhere to a standard of care that is normally used in similar cases. A doctor has a duty to inform a patient about all possible risks and outcomes and the chances of success of the procedure. If a patient hasn't been adequately informed of the risks, they could have opted out of the procedure and choose an alternative. This is referred to as the duty of informed consent. The legal system to handle medical malpractice cases grew out of English common law in the 19th century. It is governed by various state statutes and court decisions. In order to bring a lawsuit against a doctor, you must submit an official complaint, or summons in the state's court. This document outlines the claimed wrongs, and demands compensation for harms caused by the physician's actions. The attorney for the plaintiff has to schedule an oath-taking deposition with the doctor who is defendant which gives the plaintiff the opportunity to give testimony. The deposition will be recorded and used as evidence at the trial. Damages A patient who believes a doctor has committed medical malpractice can make a claim in a court. The plaintiff must prove that there are four elements that constitute a valid claim for malpractice the legal obligation to follow the rules of the profession and a breach of duty, an injury caused by this breach and damages that could be reasonably attributed to the injuries. Medical malpractice cases require experts testimony. The defendant's lawyer will often be involved in discovery, where the parties seek written interrogatories and documents. These are inquiries and requests for tangible evidence that the opposing party is required to be able to answer under oath. It can be a long and drawn-out procedure, and both sides will be able to have experts be present to testify. The plaintiff should also demonstrate that the negligence resulted in significant damages. It could be costly to pursue a malpractice claim. If the damages are not too significant or insignificant, it may not be worthwhile to bring an action. The amount of damages should be more than the amount required to bring the lawsuit. It is therefore important that a patient consults a Board Certified legal malpractice lawyer prior to filing a lawsuit. After a trial has concluded, either the losing or winning side can appeal the decision of the lower court. If an appeal is granted an appeal, a higher-level judge will review the case to determine whether the lower court committed mistakes in law or fact.