How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps inside her body following gall bladder surgery may make a claim for medical malpractice. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from the norm and direct cause.

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

The reason for injury

A medical malpractice claim can be filed by the person who has been injured or a legal person to represent them. Depending on the circumstances, it could be the spouse of the patient, an adult child or parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts must be able to prove whether or whether the health professional was in compliance with the standard of care for their specific area. They must also testify as to the harm caused by the doctor’s actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. A misdiagnosis could have grave consequences, like a life-threatening condition. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

To prove a malpractice claim the patient must prove four legal elements: a duty that the doctor owed to them; a breach of this duty, resulting injury; and damages. In some states, such as New York, the law puts a limit on amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also known as causation, is one of the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This is a difficult task due to a variety reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already present prior to treatment. The time period for filing medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these situations it can be difficult to prove that a certain medical professional's breach of the standard of care led to the injury. However, the person who was harmed may be able to use evidence gathered by the attorney, like medical records and expert testimony.

During the discovery process, which is part of the legal procedure for preparation for trial, your lawyer can request disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the case will be asked to testify in a deposition. This is a declaration that is made under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the necessary elements of their claim, which includes obligation, breach, causation and Vimeo injury.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician violated professional obligations and that those violations caused injury. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. The process also involves sworn declarations that are recorded and used in trial.

A doctor has violated their professional duty by doing something that a reasonable prudent physician would not have done under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate cause. For example, a patient goes to the hospital for a hernia operation and ends up having his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a certain time limit, known as the statute of limitations. This differs from state-to-state. The victim must prove that the negligence caused injury and then he or she must prove the amount of financial compensation he or she deserves.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. Scaffidi & Associates can help you receive fair and full 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 participate in discovery, in which documents and statements are revealed under the oath. Medical records and notes of a doctor Vimeo are typically requested during discovery.

In many states, to be eligible for compensation for injuries incurred through malpractice, you need to establish four elements such as a duty of care that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury; and damages resulting from the injury. If your lawyer can prove all of these elements, you have a strong case for financial compensation in a medical malpractice case.

In certain cases, courts can make punitive damages available, which are intended to penalize the perpetrator and discourage others from engaging in similar misconduct. However, this is rare in medical malpractice cases, because the courts require specific proof of malice to award these awe-inspiring awards.