What You Should Know About a Medical Malpractice Case

Doctors must provide a high standard of care for all patients. Regardless of their field, the medical workers must complete assessments, diagnosis, and treatments to the best of their ability. Medical malpractice happens when the doctor lowers this standard and makes mistakes that could have been avoided. This could pertain to providing an ineffective medical treatment, refusing to use updated testing options, or prolonging treatment without a viable reason. Reviewing everything a patient needs to know about medical malpractice helps they determine if they have a viable claim against their doctor.

How Does a Medical Malpractice Occur?

A medical malpractice happens when a patient is injured unnecessarily during medical treatment, surgery, or because of administering the wrong medication. This doesn't include risks that were disclosed to the patient before a procedure that the patient agreed to have, anyway. Side effects or surgical risks that weren't disclosed to the patient present a medical malpractice. Any injury or worsened condition caused by a doctor creates a medical malpractice, and the patient can sue the doctor by hiring injury attorneys at Jacoby & Meyers now.

Federal Laws Regulating Healthcare

Federal laws require all doctors and healthcare providers to offer a high standard of healthcare for all patients. The doctors and healthcare workers cannot reduce this standard for any reason. This includes any personal believes, personal religious affiliation, or any prejudices. For example, a doctor with deep-felt religious objections cannot refuse to perform medical procedures to save a patient's life because they believe the procedure isn't morally just.

For instance, if a patient has an ectopic pregnancy that is life-threatening, a trauma or emergency room surgeon cannot refuse to end the pregnancy because of their religious beliefs. Under the circumstances, the patient could die, and the surgeon would be guilty of a medical malpractice for refusing the same standard of care for this patient that should be available to any patients requiring emergency surgery.

Reporting Injuries to the Doctor

If the patient sustained an injury, they must report the injury or worsened condition to the doctor that provided medical treatment. Reporting the injury to the doctor gives them a chance to correct the condition if possible. However, if the doctor refuses to provide corrective services, the doctor is liable if the condition becomes worse or the patient dies.

Getting a Second Opinion

A second doctor could perform a complete assessment of the condition and provide a diagnosis. If the doctor can reverse the condition, the patient may not suffer any long-term or permanent conditions because of the original doctor's error or failure. If the doctor cannot reverse the condition, the second doctor's findings gives the patient a second collection of medical records that show an alternative way of treating the condition and what the first doctor should have done for the patient.

Who Was Involved With the Patient's Treatment?

They depose all medical workers involved in treating the patient for the medical malpractice claim. The entire medical records from the hospital or private practice are requested by the attorney via court order. The records show each medical worker that provided any type of medical care for the patient. The series of events that caused the victim's injuries are detailed in the depositions and the medical malpractice claim.

The investigation shows what parties are responsible for the injury or the worsening condition. Attorneys conduct these reviews and depositions to collect the same information that the hospital board is collecting for their defense case. During discovery, all information uncovered is available to the claimant and the defense. If the evidence shows that the doctor or medical staff are liable, the hospital board shuffles to find a way to settle the issue out of court if possible.

Filing a Complaint with the State Medical Licensing Board

The patient can file a complaint with the state medical licensing board if their doctor refuses supplementary care. The board doesn't provide repayment for any financial losses, but they can take disciplinary action against the doctor. This could provide a new starting point for correcting the condition. However, if the doctor still refuses, the patient could stay the course and get a new assessment from another doctor.

Do Not Talk to the Hospital Board or Their Attorney

The patient should never speak to the hospital board or the hospital's attorney. They understand how to use tactics to trick the patient into agreeing to a settlement that is lower than average. Their attorney is just trying to find a way to make all of this go away, and they aren't concerned with what is appropriate for the patient.

What to Expect Going to Court

When going to court, they require all medical records and invoices for medical expenses. The attorney leads the witnesses through their testimony and ensures that all witnesses understand their role. The claimant's witnesses are prepared for cross-examination and techniques used to invalidate their testimony.

The claimant needs a medical witness that explains how the patient sustained their injuries and what their doctor should've done differently. The medical witness must have the same skill level as the defendant. The doctor must understand the patient's condition and how to treat it properly. They must be aware of new treatment options that have been proven more effective.

What the Patient Could Get If They Win

If the claimant wins, they receive a monetary award for all economic losses. In a medical malpractice case, they may order the doctor to pay punitive damages as punishment for injuring the patient. If the doctor committed a crime, they must be charged and will be prosecuted in criminal court. The outcome of the criminal case defines if the patient should receive restitution.

Patients who were injured by their doctors may have a viable claim for medical malpractice. The malpractice occurs when the doctor provides a lower standard of care, refuses to use updated treatments or testing options, or causes an injury during a surgical procedure. The patient needs full medical records from their doctor to substantiate their claim. Reviewing laws pertaining to medical malpractice shows the patient where to start with their claim.