How to File a Medical Malpractice Case

A patient who finds that a foreign object, such as surgical clamps, remain inside her body following gall bladder surgery could bring a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.

It is vital for our clients to establish a direct relationship between the breach of duty and the harm which is referred to as proximate cause.

Cause of Injury

A medical malpractice lawsuit can be filed by the person who has been injured or a person who is legally authorized to represent them. This could be a spouse or adult child parent, guardian, or administrator of an estate belonging to a deceased patient depending on the circumstances. The plaintiff in a medical malpractice suit is the health care provider. It could be an accredited doctor, nurse or therapist.

Malpractice cases typically involve an abundance of expert testimony. Medical experts are required to testify as to whether the healthcare provider acted within the standard of medical care within their specific area of expertise. They must also testify as to the damage caused by the doctor’s actions or inactions.

The consequences of negligence and mistakes can be devastating. A mistake in diagnosis can have devastating consequences, like life-threatening conditions. Other kinds of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice claim which include a duty to the patient by the doctor and a breach of that duty; injury caused by the breach; and the resulting damages. In certain states, such as New York, the law sets a limit on the amount that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element is called the causation. It is among the most important elements in a medical malpractice claim. To prove causation the plaintiff must show that they sustained the injury on a balance of probabilities as a result due to the negligence of the doctor. This can be a challenging task for a number of reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing illnesses that were present prior to treatment. Often, the statute of limitations for a medical malpractice lawsuit extends out over a number of years, and the injuries may develop slowly.

In these instances it is difficult to prove that a medical professional's breach of the standard of care led to the injury can be difficult. The attorney may have gathered evidence, including medical records and expert testimony that the patient who was injured may use.

During the discovery process, which is an integral part of the legal procedure for preparing for trial, your lawyer will request disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor defending the lawsuit will be required to testify in depositions, medical malpractice lawsuit which are testimony that is under oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will then decide whether the plaintiff has proven the necessary elements of their claim, which includes obligation, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician breached his or her professional obligations and that those breached duties caused injuries. The attorney representing the plaintiff must prove this by using evidence obtained during discovery. This involves soliciting documents, including medical records as well as other documents from all parties in a lawsuit. This process also involves the recording of sworn statements and used in trial.

A doctor breached his or her professional obligation if he or she did something that a prudent physician would not do in similar circumstances. However it must be established that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient may go to the hospital to repair a hernia, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, called the statute of limitations which is different for each state. The victim must prove that the negligence resulted in injury, and then prove how much monetary compensation they are entitled to.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your loss.

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 engage in discovery. This is a procedure which involves the disclosure of documents and statements revealed under oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, you need to establish four elements to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal link between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements, you will have a strong case for financial compensation in a claim for medical malpractice.

In certain instances courts may give punitive damages, which are designed to punish the offender and deter others from engaging in the same conduct. But, Medical Malpractice Lawsuit 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.