How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps inside her body after gall bladder surgery can make a claim for medical negligence. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from this duty and direct cause.

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

Cause of Injury

A medical malpractice case can be initiated by the patient who was injured or a person legally designated to represent them. This can be the spouse or adult child or parent, guardian or administrator [Redirect-302] of the estate of a deceased person depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health care professional.

Expert testimony is typically required in cases of malpractice. Medical experts are required to provide evidence to prove that the doctor performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify as to the harm caused by the actions or inactions of a doctor.

Injuries caused by negligence and malpractice can be severe. For instance, a misdiagnosis of a health condition can have life-threatening effects. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit: a duty owed to the patient by the physician and a breach of this duty; an injury caused by the breach and the consequential damages. In certain states like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also known as causation, is one of the most important elements of a medical malpractice case. To prove causation, the plaintiff must prove that their injury was caused by the physician's negligence. This is a difficult task due to a variety reasons.

For instance, many injuries that are the cause of a russellville medical malpractice law firm negligence lawsuit stem from long-term, or ongoing conditions that were already present prior to the time of treatment. Often the statute of limitation for a claim involving medical malpractice extends over a number of years and the injuries can develop gradually.

In these instances it is often difficult to prove that one particular clarksville medical malpractice lawyer professional's breach of the standard of care caused the injury. The attorney could have collected evidence, including expert testimony and medical records that the patient who was injured can use.

During the discovery process which is an element of the legal procedure for prepping for a trial your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will be asked to give evidence during depositions, which are testimony that is under an oath. Your lawyer is able to cross-examine doctor and challenge their findings. The jury will decide then if the plaintiff has proven the necessary elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice to show that it is more than likely that the doctor acted in violation of his or her duties as a doctor and that these actions led to injury. The attorney representing the plaintiff must demonstrate this through evidence obtained during discovery. This involves seeking documents, such as milton medical malpractice Lawsuit records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded to be used at trial, are also part of this procedure.

A doctor has breached their professional obligation by doing something that a reasonable prudent physician would not have done in the same circumstances. It must be proved that the breach caused the injury directly to the patient. This is referred to as causation or proximate cause. A patient could go to the hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within a certain time limit, known as the statute of limitations. This differs from state-to-state. The injured patient has to prove that the substandard treatment caused injury, [Redirect-302] and then they have to prove the amount of compensation they're entitled to.

Damages

If a medical error has caused you to sustain an injury, you should be compensated. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then engage in discovery, in which documents and statements are disclosed under an oath. Medical records and the notes of the doctor are typically sought during discovery.

In the majority of states, to receive compensation for injuries caused by malpractice, you have to prove four things that include a duty of care owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages resulting 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 courts may award punitive damages, which are intended to punish the offender and deter others from engaging in the same conduct. However, this is rare in medical malpractice cases, as courts require precise proof of malice before they can award these extraordinary awards.