How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign like surgical clamps, remain inside her body after gall bladder surgery can file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the injury called proximate causation.

The reason for injury

A medical negligence case may be filed by the person who has been injured or by a person legally appointed to act on their behalf. Based on the specific circumstances, this could be the spouse of the patient or an adult child parent, a guardian ad Litem or the executor or administrator Medical Malpractice of the estate of the patient who died. The plaintiff in a suit for medical negligence is the health professional. It could be a licensed nurse, doctor or therapist.

The majority of cases involving malpractice involve the testimony of experts. medical malpractice law firms experts are required to testify as to whether the healthcare provider acted within the standard of treatment in their particular field of expertise. They also have to testify about the harm caused by the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be very serious. For example, 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 surgical instruments in the patient.

In order to prove a malpractice case the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach of this duty; a subsequent injury and damages. In some states, such as New York, the law places a limit on the amount of money that can be awarded for a malpractice claim.

Causation

The injury element is called the causation. It is one of the most important elements in a medical malpractice claim. To prove causation, the plaintiff must prove that they sustained the injury on the basis of probabilities because of the negligence of a physician. This can be 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 the time of treatment. The time-limit for a medical malpractice case can be extended over the course of several years, and injuries can develop slowly.

In these situations, it is difficult to prove that a certain medical professional's failure to adhere to the standard of care caused the injury. However, the patient who is afflicted could be able to use the evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery procedure as part of the legal process for preparation for a trial, your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit is then called to testify during a deposition, which is testimony under oath. Your lawyer can cross-examine the doctor and challenge their conclusions. The jury will then decide whether the plaintiff has established the necessary elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice, that it is more likely that the physician violated his or her duties as a physician and that those violations caused injury. The attorney representing the plaintiff must prove this by using evidence collected during discovery. This includes seeking documents, such as medical records and other records from all parties in the lawsuit. Depositions, in which the statements are made under oath, and recorded for trial, are also part of this process.

A doctor has violated their professional duty in the event that they did something reasonable and prudent doctors would not have done in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation, or proximate causes. For example an individual goes to the hospital for a procedure to treat a hernia and then has his or her gall bladder removed instead. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a specific legal time frame, also known as the statute of limitations. This is different from state to state. The victim must prove that the care provided was substandard and resulted in injury, and then demonstrate the amount of compensation he or her deserves.

Damages

If medical negligence has caused you to suffer an injury, you are entitled to be made whole. 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, summons and other documents on all defendants. The parties participate in discovery. This is a process which involves the disclosure of documents and statements revealed under an oath. Medical records and notes of the doctor are typically sought during discovery.

In many states, to get compensation for injuries caused by negligence, you must to prove four things that include 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 in a medical negligence claim, you'll have an enviable case.

In some cases the court can award punitive damage that is designed to punish a wrongdoer, and discourage others from committing similar misconduct. It is not common however, particularly in medical malpractice cases. The courts must have very clear evidence of malice before they are able to make these extraordinary awards.