Medical malpractice is the most prominent and the most astounding issue of the 21st century. In the past 10 years the medical and health care standards have been violated like never before in the history. Due to such increase in medical negligence, the rate of medical malpractice lawsuits has also increased in huge numbers.
Distinctively, medical malpractice lawsuit cases are most frequently seen from four major medical categories, which account for 80 percent of all cases filed:
• Birth/Pregnancy Injuries (Labor/delivery/cesarean mistakes)- such as hypoxic brain injury, cerebral palsy, Erb-Duchenne Palsy, shoulder dystocia.
• Surgical mistakes – such as botched gallbladder and abdominal surgery, amputation errors, perforated internal organs or other iatrogenic (physician-caused) errors during surgery.
• Diagnosis malpractice errors – failure to diagnose and/or delay in diagnosis cases such as diagnosing unstable angina (heart attack), brain bleed, spinal abscess or sepsis or delaying in diagnosis and treatment process; such as stroke, infection, aneurysm or other serious medical condition.
• Medical Errors – including nursing errors from over-medication, adverse drug reactions, overdose and/or incorrect medication injury or death cases.
Medical malpractice lawsuit cases are the most intricate and difficult types of lawsuits to impeach and win. These cases require focused expertise and knowledge in order to successfully litigate and obtain fair settlements or verdicts. Medical malpractice lawsuit cases require a claimant to meet strict burdens of proof through the presentation of evidence and complex expert witness acknowledgment.
Medical Malpractice Lawsuit: Pre – Suit Screening Process Is
The best way to put up a strong medical malpractice lawsuit, the plaintiff must perform a pre screen of their case to make sure that their claim on the medical practitioner is fool-proof.
• As part of efforts to reform the medical malpractice system, and to strengthen the case, a plaintiff is to mark a potential medical malpractice by consulting with an expert and obtain an opinion as a condition of bringing suit. In some cases, this requirement is satisfied by the plaintiff’s attorney’s certification that he or she has consulted an expert and based upon that consultation a reasonable basis exists for bringing a suit.
• In other medical malpractice lawsuit cases, an actual expert report or affidavit indicating that a reasonable basis exists for bringing suit must be furnished either prior to or within a specified period of time after commencing the lawsuit.
• An informal pre-suit investigation process may be required prior to filing suit. Some plaintiffs must also provide advance notice to a physician prior to commencing a lawsuit against that physician.
Five Elements to Prove for a Successful Medical Malpractice Lawsuit
In order to win a medical malpractice lawsuit case, a plaintiff or claimant must prove all these four elements of his or her case.
1. Standard health care not provided: a legal duty exists whenever a hospital or health care provider undertakes care, diagnosis or treatment of a patient. A claimant has to prove that the doctor, nurse, hospital or other health care provider failed to provide care and treatment that met the applicable standard of care.
2. Violation of health care standards: The medical or health care provider failed to conform to the appropriate standard of care. The standard of care is proved by expert testimony or by obvious errors.
3. Injury caused by a health care violation: The breach in providing standard health care was a proximate cause of the injury. The claimant must also prove that the improper care was the contiguous cause of the injuries and/or death at issue in the case.
4. Damages due to violation of standard care: A medical malpractice claimant must prove and demonstrate damages through the presentation of medical bills, lost wages, loss of earning capacity, future medical costs, loss of financial support and other economic damages and evidence.
5. A claimant must also prove non-economic damages to the jury such as physical and mental pain and suffering, emotional distress, loss of relationships and loss of quality of life.
Although the medical malpractice lawsuit cases are very expensive to deal with, if you plan them by augmenting the above given procedures, the results and the outcome will surely be fruitful. Ignorance is no defense to medical negligence. In fact, the laws are made to protect the patients from medical malpractice. If a hospital, doctor, physician, nurse or other medical professional is alleged in causing serious injury or harm to you or a loved one, you must file a legal medical malpractice lawsuit, which can not only benefit you in grief, but it can also minimize the risks of further malpractice issues.
Contact The Law Offices of Halkides, Morgan, and Kelley today by calling 530.221.8150 to speak to an attorney about a potential medical malpractice case.