How to File a Medical Malpractice Case

A patient who discovers that a foreign object, such as surgical clamps, remains in her body after gall bladder surgery could bring a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical malpractice law firm malpractice: duty, deviance from the norm and direct reason.

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

Cause of Injury

A medical negligence case may be initiated by the patient who was injured or a person legally designated to act on their behalf. This could be a spouse, adult child guardian, parent or administrator of a deceased patient's estate, depending on the circumstances. In a case involving medical malpractice the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify on whether or not the health care provider was in compliance with the standard of care for their particular field. They also have to testify to the harm that was caused by the doctor's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. For instance, a misdiagnosis of a health problem could result in life-threatening consequences. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach and resulting damages. In some states, such as New York, the law restricts the amount of money that could be awarded in the malpractice claim.

Causation

The injury element, also known as causation is one of the most crucial elements in medical malpractice cases. To prove causation the plaintiff must demonstrate that they suffered an injury based on a balance of probabilities because of the negligence of a physician. This can be a challenging task due to a variety reasons.

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

In these cases the proof that a medical professional's breached the standard of care that led to the injury is difficult. However, the aggrieved patient could be able to make use of the evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer may request the disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor defending the lawsuit will be required to testify in a deposition, which is the testimony under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice, that it is likely that the doctor did not fulfill his or her duties as medical professional and that these mistakes led to injuries. The attorney representing the plaintiff must prove this by using evidence gathered during discovery. This includes the request of documents, including medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath, and recorded for trial, are also a part of this procedure.

A doctor has violated his or her professional obligation in the event that he or her did something that a prudent doctor would not do under the same circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is known as causation or proximate cause. A patient might visit the hospital to have a hernia fixed, but end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Minneapolis medical malpractice Lawyer malpractice lawsuits must be filed within a legally-defined time frame, known as the statute of limitations, which varies by state. The injured patient must establish that the negligence resulted in injury, and Minneapolis medical malpractice lawyer then prove the amount of financial compensation he or her deserves.

Damages

You should be compensated for any injuries you have suffered due to 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, summons and other documents on all defendants. The parties then engage in discovery. This is a procedure in which documents and declarations are presented under an oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, in order to receive compensation for injuries caused by negligence, you must to establish four elements: a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages that result from the injury. If your attorney can prove all these elements in a medical negligence claim, you'll have a convincing case.

In some cases, a court may give punitive damages, which are intended to punish the culprit and deter others from engaging in similar misconduct. This is rare however, particularly in medical malpractice cases. The courts must have very clear evidence of malice before they are able to decide to award these extraordinary damages.