How to File a Medical Malpractice Case

A patient who discovers that a foreign object like surgical clamps, remain inside her body following gall bladder surgery could pursue a medical malpractice suit. A successful lawsuit must prove the legal aspects of medical malpractice law firms negligence: duty, deviation from this duty, direct cause and injury.

It is vital for our clients to establish a direct causal connection between the breach of duty and the damage that is known as proximate causation.

Causes of Injury

A medical negligence case may be filed by the injured patient or a person legally designated to represent them. Based on the specific circumstances, it could be the spouse of the patient or an adult child parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. The plaintiff in a suit for medical malpractice law firms negligence is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Expert testimony is often required in cases of malpractice. Medical experts are required to testify whether or whether the healthcare provider was in compliance with the standard of care in their specific field. They also have to testify about injuries caused by doctor's actions or inactions.

Injuries caused by negligence and mistakes can be devastating. An incorrect diagnosis can lead to serious consequences, including the possibility of a life-threatening illness. Other types of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor and a breach of this obligation; an injury resulting by the breach and the resulting damages. In certain states, like New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element is also known as the causation. It is among the most important elements in a medical negligence claim. To prove causation, the plaintiff must prove that they sustained their injury on the basis of probabilities due to of the negligence of the doctor. This can be a difficult 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 ailments that were present before treatment began. Often, the statute of limitations for a medical malpractice lawsuit is extended over a period of years, and the injuries can develop gradually.

In these cases it can be difficult to prove that a particular medical professional's violation of the standard of care caused the injury. The attorney could have gathered evidence, such as expert testimony and medical records that the injured person can use.

During the discovery process which is an element of the legal procedure for preparing for a trial, medical malpractice lawsuits your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit will then be asked to give evidence during deposition, which is testimony given under an oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will then decide if the plaintiff has established the essential elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice to show that it is more likely that the doctor did not fulfill his or her obligations as a doctor and that these actions led to injury. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties involved in the lawsuit. The process also involves the recording of sworn statements and used in trial.

A doctor has violated their professional obligation if they did something reasonable and prudent doctors would not have done 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 causes. A patient could visit a hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally regulated time frame, known as the statute of limitations that varies from state to state. The patient who is injured must prove that the care provided was substandard and resulted in injury, and then prove the amount of financial compensation he or her deserves.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive the full and fair compensation for your losses.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then proceed to discovery, a process in which documents and statements are revealed under an oath. During discovery, medical records and doctor's notes will typically be sought.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of the duty; a causal connection 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 recovery in a claim for medical malpractice.

In some instances the court could make punitive damages a possibility that is designed to penalize a wrongdoer and discourage others from committing similar crimes. However, this is not the norm in medical malpractice cases as courts require precise proof of malice before they can give these extraordinary awards.