How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body following gall bladder surgery may sue for medical malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.

Our clients must establish a direct link between the breach of duty, and the injury. This is referred to as the proximate reason.

The reason for injury

A medical negligence case may be filed by the person who has been injured or by a person legally appointed to represent them. This could be the spouse, adult child or parent, guardian or administrator of an estate belonging to a deceased patient, depending on the circumstances. The defendant in a medical malpractice law firm malpractice lawsuit is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify whether or the medical malpractice law firm professional followed the standard of care in their specific field. They also have to testify to the harm caused by the actions or inactions of a doctor.

Injuries that result from malpractice or negligence can be quite severe. For instance, a wrong diagnosis of a health issue could cause life-threatening complications. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the doctor; a breach of this obligation; an injury resulting by the breach and the consequential damages. In certain states like New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element is also called the causation. It is one of most important aspects in a medical malpractice claim. To establish causation, the plaintiff must prove that the injury was caused by a physician's negligence. This is a difficult task due to a variety of reasons.

For example, many injuries that are the cause of a medical negligence lawsuit stem from long-term or ongoing ailments that were present prior to the time of treatment. The time-limit for medical malpractice cases can be extended for a number of years and injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's failure to adhere to the standard of care led to the injury is difficult. However, the person who was harmed could be able to use evidence collected by the attorney, including medical records and expert testimony.

During the discovery process which is an element of the legal process for the preparation of a trial your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will then be required to testify in a deposition, which is testimony under oath. Your lawyer can cross-examine the doctor and contest their conclusions. The jury will decide whether the plaintiff has substantiated that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and that the breached duties caused injury. The plaintiff's attorney must prove this by using evidence gathered during discovery. This includes requesting documents, including medical records as well as other documents from all parties in a lawsuit. Depositions, where statements are made under oath, and recorded for trial, are also a part of this procedure.

A doctor has violated his or her professional duty when he/she did something that a reasonable prudent physician would not do under similar circumstances. It must be established that the breach caused the injury directly to the patient. This is known as causation or proximate cause. A patient may visit a hospital to repair a hernia, however, they end up having their gall bladder removed. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This differs from state-to-state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then show how much compensation he or she deserves.

Damages

If a medical error has caused you to sustain an injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties participate in discovery. This is a process in which documents and declarations are revealed under an oath. Medical records and ethics.indonesiaai.org notes of the doctor are usually requested during discovery.

In the majority of states, you have to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the duty; a causal relationship between the breach and the patient's injury and the damages that result from the injury. If your attorney can establish all of these elements, then you've got an extremely strong case for financial compensation in a medical malpractice case.

In some cases, a court may decide to award punitive damages. These are intended to penalize the culprit and deter others from engaging in the same conduct. However, this is rare in medical malpractice cases, because the courts require precise proof of malice before they can award these awe-inspiring awards.