Steps For Filing A Medical Malpractice Lawsuit

by | Aug 8, 2016 | Lawyers

All doctors are required by federal law to provide high-quality health care. Any failure to provide a high level of care is considered a violation of these federal laws. If a patient is injured due to these failures, they have the legal right to file a malpractice lawsuit. Local attorneys provide patients with legal guidance for these Medical Malpractice claims.

Identifying the Medical Error

The medical error is often identified when the patient seeks additional care. The error exists if the doctor failed to follow protocol when performing surgical procedures. This includes leaving surgical tools or supplies inside the patient’s body and performing procedures without proper consent. Additionally, a liability exists if the doctor failed to disclose all risks associated with the procedure to the patient or their health care proxy.

An Assessment of the Doctor’s Skills and Training

The doctor who performed the procedure is reviewed. The court as well as the hospital board reviews the doctor’s credentials. They determine if the doctor possessed the right training and experience to perform the surgical procedure in question. If the doctor didn’t possess these credentials, the doctor as well as the hospital are liable.

Testing and Analysis

A forensic doctor may be acquired to conduct testing. These tests determine how the injury occurred. The purpose is to define what actions could have prevented the injury. If the patient dies, the testing identifies the exact cause of death. The family of the victim may acquire the findings of the autopsy and the death certificate to support their claim.

The Testimony of the Medical Witness

A doctor who has performed the identified procedure is acquired as a witness. They are required by law to provide conclusive testimony about the procedure. They define whether or not the doctor performed the procedure appropriately. They also assist in identifying the doctor’s liability.

Federal laws protect patients against potential malpractices. This includes the performance of surgical procedures, inaccurate diagnosis, and administration of the wrong medication. Any patient who sustains an injury or dies due to these failures is identified as the victim in these claims. The victim or their family should contact an attorney once the Medical Malpractice is discovered or visit or their Google+ local page to hire an attorney now.

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