The legal system provides a remedy when medical malpractice occurs, but the process is complex. The plaintiff must prove four legal elements: a professional duty owed by the physician, the doctor’s breach of that duty, injury caused by the doctor’s breach, and damages. Physicians take an oath to do no harm when treating patients. However, they are human and may make mistakes that can cause serious harm. These mistakes, when they occur, are known as Medical Malpractice.
Medical Malpractice can be committed by any type of healthcare provider including doctors, nurses, physicians’ assistants, surgeons, anesthesiologists, and radiologists. The key to a successful medical malpractice claim is that you must show the medical professional breached their duty of care by acting or failing to act in a way that no reasonable doctor under similar circumstances would have done.
Doctors must discuss in detail all risks and possible side effects of any procedure or medication they prescribe for their patients. This is called informed consent. The patient must agree to the risk before the doctor can perform the procedure. If a patient is not given the full picture of any treatment they can decide to decline the procedure. If a doctor does not inform the patient of the risks and the patient later experiences injury as a result, they can file a claim for malpractice.
Misdiagnoses are another common source of medical malpractice claims. Doctors must interpret x-rays, MRIs, and other lab tests to accurately diagnose a condition. Misdiagnosis can lead to serious consequences including untreatable cancer, stroke, heart attack, or wrongful death.
Surgical errors are also very dangerous for patients and can result in severe injuries like infections, internal bleeding, blood clots, nerve damage, and paralysis. Surgical errors can include leaving a clamp inside the body, operating on the wrong part of the body, performing surgery without a proper prescription, and leaving a tool in the patient after the procedure is completed.
Finally, a OR Medical Malpractice case can be filed when equipment fails to function as it should. This includes machines such as ventilators, heart monitors, and defibrillators. Medical negligence claims can arise when these devices fail due to defects, design flaws, or age-related wear and tear.
A lawyer with a background in medical malpractice can provide an evaluation of your case and assist you with filing a claim. During the lawsuit, your attorney will need to schedule a deposition of your doctor. The purpose of a deposition is to hear testimony under oath in the presence of both parties’ attorneys. The testimony is recorded and will be used in court if the case does not settle or get dismissed. A deposition is a necessary step in the discovery process before trial. The attorneys for both parties will agree on a convenient time and location for the deposition. In some cases, experts in the field of medicine will testify during a deposition as well. This testimony is helpful in convincing the jury or judge that there is a preponderance of evidence of medical negligence.
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