What Do You Need to File a Medical Malpractice Lawsuit?

Medical malpractice lawsuits are complicated because legal issues like standard of care, causation, and expert witnesses are involved. Even experienced medical malpractice attorneys find these cases challenging. 

Although medical malpractice laws and the procedures for making a claim differ by state, many states have numerous common standard procedural steps. This article will enlighten you on the steps to take to hit the ground running for a medical malpractice claim. 

What is Medical Malpractice?

If medical treatment does not follow ethics, falls below an acceptable standard of care, and leads to harm, it becomes malpractice. In other words, there must be harm before there can be malpractice. This means that if the care professional's mistake does not cause damage to the patient, the patient cannot file a malpractice claim. 

What “Medical Standard of Care” Entails

Medical standard of care means the form of care that an ideal medical practitioner with the same training, expertise, and experience will give in a similar context in the same community. Hence, if a healthcare professional harms you, and you are sure that a similarly-skilled professional would not do such in a similar context, you can institute a medical malpractice case against the alleged professional; however, it is one thing to allege but another to prove. 

How to Establish the Standard of Care

In most medical malpractice cases, you need an expert witness to testify on your behalf. The expert witness (a healthcare provider) should have appreciable expertise and experience in the same field as the one that treated you wrongly. 

Your witness must establish what the standard of care entails and testify on two grounds: explain precisely how the treatment the alleged doctor gave fell below the given standard; and explain how the treatment harmed you. 

The “Affidavit of Merit” Requirement in a Medical Malpractice Case

Certain states require plaintiffs to simultaneously file an affidavit signed by an expert under oath when instituting a medical malpractice suit. Depending on the filing modalities in your jurisdiction, the testimony might need to capture the standard of care in the given treatment scenario and how the alleged healthcare provider violated it. Conversely, the affidavit may only need to prove that an expert witness has reviewed your issue and seen its merit. 

If you do not know the specific requirements in your state, consult with an experienced local medical malpractice attorney to enlighten you about if you need an affidavit of merit for your lawsuit and what it must contain to be acceptable in court. 

Instances of Medical Malpractice 

You must comprehensively understand the kind of healthcare treatment context that can trigger a valid claim when filing a medical malpractice lawsuit. 

Below are instances of medical malpractice:

• Errors supervising the heartbeat of an unborn baby during labor
• Reluctance to diagnose a medical situation during an assessment 
• Harming a patient because of poor lifting or transporting strategies
• Permitting bed sores to form from failing to change incapacitated patients constantly
• Failing to account for all items used in surgery 
• Giving medications that are proven to be deadly allergens 
• Errors checking the volume of anesthesia a patient requires

Consult with an Expert Medical Malpractice Attorney

“Ensure you hire an experienced medical malpractice lawyer versed in cases similar to yours and used to the court system in your state to defend you. Hiring an attorney who is not a specialist in such cases can ruin your chances.” says attorney Russell J. Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers.