ladue medical malpractice law firm

How to File a Medical Malpractice Lawsuit A patient who believes that they suffered a loss due to an error made by a healthcare provider may file a lawsuit for medical malpractice. These cases differ from personal injury lawsuits due to the fact that they employ a professional standard to determine the degree of negligence. In the United States, malpractice claims are handled by state trial courts. Each state has its own laws and procedures. Duty of care A doctor, surgeon or nurse, or any other health professional, is obligated to their patients a duty of care. This legal concept basically states that any health professional treating you owes a duty to uphold accepted medical practices without deviation or omission. This medical standard of care is a legal metric using which...

How to File a Medical Malpractice Case A patient who discovers that an object that is foreign like surgical clamps, is still inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury. It is crucial for our clients to establish a direct connection between the breach of duty and the injury which is referred to as proximate cause. Cause of Injury A medical malpractice lawsuit can be filed by the injured person or a person who is legally authorized to represent them. Depending on the circumstances, this could be the spouse of the patient or an adult child, parent, a guardian ad litem or the administrator or executor of the estate...

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