Starting a Medical Malpractice Case

What is a Medical Malpractice Case?

• Medical malpractice occurs when a doctor or another medical professional (such as a nurse or technician) partakes in a negligent action or delivers a fraudulent action that causes an injury to a patient. If you need legal advice and assistance, contact medical malpractice lawyers.

• A victim of medical malpractice--an individual who experiences an injury at the hands of a wrongful or negligent action by their medical professional—will initiate a medical malpractice case to seek a recoupment for their losses. When an individual is injured through the actions of their health care provider, they will invariably incur damages through the presence of lost wages, emotional damages, or additional medical costs. As a result of these costs, the individual will file a medical malpractice case in the hopes of obtaining a financial settlement.

• All medical malpractice cases are heard by a district court; the actual trial is similar to a negligent tort case. The verdict is handed down by a judge of a public court system.

• To initiate a medical practice case you must meet the requirements of a negligent tort claim. Medical malpractice claims, in essence, are attempts taken by a plaintiff to definitively prove an act of negligence that directly caused an injury or death. The following elements must be proven to deliver a favorable settlement for a plaintiff in a medical malpractice lawsuit:

• The health care provider must initiate a legal duty, meaning the medical staff or hospital must accept a patient for care—they must perform a medical operation, give a diagnosis, or treat a patient.

• The physical duty undertaken by the medical provider must be breached or delivered in such a way that directly violates the relevant standard of care.

• The breach of the physical duty must cause an injury to the patient. The action must be considered negligent or wrongful and must directly lead to an injury suffered by the patient.

• The patient must suffer from tangible injuries or damages as a result of the doctor or medical provider’s actions.

How to File a Medical Malpractice Lawsuit?

• A medical malpractice is typically defined as negligence—it is a failure to act as a prudent medical professional would under similar circumstances. To file a medical malpractice suit you must first investigate the standards of care regulated by the American Medical Association and the National Institute of Health.

• Gather as much information about your particular case as you can. Start at the beginning; record appointment dates, doctors’ names, referrals to other doctors, and any bills or costs related to medical malpractice, including all lost wages and opportunity costs incurred.

• Following your investigation, and the obtainment of all necessary documents, hire a medical malpractice attorney to facilitate your claim. Be sure to choose an experienced medical malpractice attorney who is well-versed in the various laws and interpretations of medical laws in your particular jurisdiction. Conduct interviews to gather all information concerning your prospective malpractice lawyer. After you hire a medical malpractice attorney, be sure to deliver all information and copies of essential documents upon meeting him or her.

NEXT: Beware of Medical Negligence