1. Medical Malpractice Lawsuit – How to Prepare a Wining Case!
Medical malpractice is the most prominent and the most astounding issue of the 21 st
century. In the past 10 years the medical and health care standards have been violated
like never before in the history. Due to such increase in medical negligence, the rate of
medical malpractice lawsuits has also been increased in huge number.
Distinctively, medical malpractice lawsuit cases most frequently seen from
four major medical categories, which account for 80 percent of all cases
filed:
• Birth/Pregnancy Injuries (Labor/delivery/cesarean mistakes)- such as
hypoxic brain injury, cerebral palsy, Erb-Duchenne Palsy, shoulder dystocia.
• Surgical mistakes - such as botched gallbladder and abdominal surgery,
amputation errors, perforated internal organs or other iatrogenic (physician-
caused) errors during surgery.
• Diagnosis malpractice errors - failure to diagnose and/or delay in diagnosis
cases such as diagnosing unstable angina (heart attack), brain bleed, spinal
abscess or sepsis or delaying in diagnosis and treatment process; such as
stroke, infection, aneurysm or other serious medical condition.
• Medical Errors - including nursing errors from over-medication, adverse drug
reactions, overdose and/or incorrect medication injury or death cases.
Medical malpractice lawsuit cases are the most intricate and difficult types of lawsuits to
impeach and win. These cases require focused expertise and knowledge in order to
successfully litigate and obtain fair settlements or verdicts. Medical malpractice lawsuit
cases require a claimant to meet strict burdens of proof through the presentation of
evidence and complex expert witness acknowledgment.
Medical Malpractice Lawsuit: Pre – Suit Screening Process Is Extremely
Essential
The best way to put up a strong medical malpractice lawsuit, the plaintiff must perform
a pre screen of their case to make sure that their claim on the medical practitioner is
fool-proof.

2. As part of efforts to reform the medical malpractice system, and to strengthen the
case, a plaintiff is to mark a potential medical malpractice by consulting with an
expert and obtain an opinion as a condition of bringing suit. In some cases, this
requirement is satisfied by the plaintiff’s attorney’s certification that he or she has
consulted an expert and based upon that consultation a reasonable basis exists
for bringing a suit.
In other medical malpractice lawsuit cases, an actual expert report or affidavit
indicating that a reasonable basis exists for bringing suit must be furnished either
prior to or within a specified period of time after commencing the lawsuit.
An informal pre-suit investigation process may be required prior to filing suit.
Some plaintiffs must also provide advance notice to a physician prior to
commencing a lawsuit against that physician.
Five Elements to Prove for a Successful Medical Malpractice Lawsuit
In order to win a medical malpractice lawsuit case, a plaintiff or claimant must prove all
these four elements of his or her case.
1. Standard health care not provided: a legal duty exists whenever a hospital or
health care provider undertakes care, diagnosis or treatment of a patient. The
plaintiff has to prove that the medical practitioner has violated the standardized
health care procedures during the diagnosis of the diseases and also during the
treatment.
2. Violation of health care standards: The medical or health care provider failed to
conform to the correct standard of care.
3. Injury caused by a health care violation: The breach in providing standard health
care was a contiguous cause of the injury. The claimant must also prove that the
indecent care was the contiguous cause of the injuries and/or death at issue in
the case.
4. Damages due to violation of standard care: A medical malpractice claimant must
prove and demonstrate damages by providing the medical bills, lost wages, loss of
earning capacity, future medical costs, loss of financial support and other
economic damages and evidence.

3. 5. A claimant must also provide evidence of non-economic damages to the jury such
as physical and mental pain and suffering, emotional anguish, loss of
relationships and loss of quality of life.
Conclusion:
Although the medical malpractice lawsuit cases are very expensive to deal with, but if
you plan them by augmenting the above given procedures, the results and the outcome
will surely be fruitful. Ignorance is no defense to medical negligence. In fact, the laws
are made to protect the patients from medical malpractice. If a hospital, doctor,
physician, nurse or other medical professional is alleged in causing serious injury or
harm to you or a loved one, you must file a legal medical malpractice lawsuit, which can
not only benefit you in grief but it can also minimize the risks of further malpractice
issues.