How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign, such as surgical clamps, remains in her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from the norm and direct reason.

Our clients must establish a direct connection between the breach of duty and the injury. This is known as the proximate cause.

Causes of Injury

A medical malpractice claim can be filed either by the victim or an attorney. This could be a spouse or adult child parent, guardian, or administrator of the estate of a deceased patient depending on the circumstances. The defendant in a lawsuit for medical malpractice is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

The majority of cases involving malpractice involve the testimony of experts. Medical experts must be able to testify that the health care provider was acting in accordance with the standards of medical care within their particular field of expertise. They also have to testify to the harm caused by the actions or inactions of the doctor.

The injuries that result from malpractice and negligence can be quite severe. A mistake in diagnosis can have devastating consequences, such as a life-threatening condition. Other kinds of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

To prove a malpractice case the patient must demonstrate four legal elements: a duty that the doctor owed to them; a breach in this duty, resulting injury and damages. In certain states like New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also known as causation, is one the most important elements in a medical malpractice case. To prove causation, a plaintiff must prove that they suffered an injury on the basis of probabilities due to of the negligence of a physician. This can be a challenging task due to several reasons.

A lot of the injuries that form the basis for medical negligence lawsuits result from long-term or ongoing conditions that existed prior to when treatment began. The time period for filing a medical malpractice case can be extended for a number of years and the development of injuries can happen slowly.

In these situations, it is difficult to prove that a certain medical professional's breach of standards of care caused the injury. The attorney may have gathered evidence, Medical malpractice Lawsuits like medical records and expert testimony that the patient who was injured could use.

During the discovery procedure as part of the legal process the preparation of a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be required to appear in deposition. This is a testimonies which is under an oath. Your lawyer may cross-examine the doctor and challenge the doctor's findings. The jury will decide then if the plaintiff has proven the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice law firm malpractice in court, that it is more likely that the physician violated his or her responsibilities as a physician and that those violations caused injury. The plaintiff's attorney must demonstrate this through evidence gathered during discovery. This involves the request of documents, including medical records and other records from all parties in the lawsuit. This process also involves the recording of sworn statements and used at trial.

A doctor was in breach of his or her professional obligation when he/she did something that a prudent doctor would not do under similar circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation or proximate cause. For instance when a patient is taken to the hospital for Medical malpractice lawsuits a hernia surgery and is then able to have his or the gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, also known as the statute of limitations, which varies according to the state. The person who suffered the injury must demonstrate that the treatment was substandard and resulted in injury, and after that they must show what compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then engage in discovery. This is a process which involves the disclosure of documents and statements revealed under oath. Medical records and the notes of the doctor are typically sought during discovery.

In the majority of states, you need to establish four elements to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, you can make a an extremely strong case for financial compensation in a medical negligence claim.

In certain instances, the court may make punitive damages a possibility which is intended to punish the wrongdoer and deter others from engaging in similar acts. But, this isn't often the case in medical malpractice cases as the courts require extremely evident proof of malice in order to make these extraordinary awards.