How to File a Medical Malpractice Case

If a patient discovers that an object that is foreign like surgical clamps, remains inside her body after gall bladder surgery can bring a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical negligence: duty, deviation from the norm and direct reason.

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

The reason for injury

A medical malpractice claim can be filed by the victim or an attorney. This could be a spouse, adult child parent, guardian, or administrator of the estate of a deceased patient depending on the specific circumstances. In a medical malpractice case the defendant is the health care provider. It could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts must determine if the health care provider acted within the standard of treatment in their particular field of expertise. They must also testify to the damage caused by the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be quite severe. A misdiagnosis could have grave consequences, like an illness that could be life-threatening. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

To establish a malpractice case the patient has to prove four legal elements: a duty that the doctor owed to them; a breach of the breach; a resulting injury; and damages. In certain states like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The element of injury is known as the causation. It is one of most crucial aspects in a medical malpractice claim. To establish causation the plaintiff must prove that their injury was caused by the doctor's negligence. This is a challenging task for several reasons.

Many of the injuries that form the basis of medical negligence lawsuits result from long-term or ongoing illnesses that existed before treatment began. The time limit for a medical malpractice lawsuit can be extended over the course of several years, and injuries can develop slowly.

In these cases it can be difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. The attorney may have gathered evidence, including expert testimony and medical records that the injured person may use.

During the discovery process as part of the legal process preparation for a trial, your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will then be asked to give evidence during depositions, which are testimony given under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the essential elements of their claim, which includes duty, breach, causation and injury.

Negligence

The plaintiff must convince jurors, lawsuits when bringing a lawsuit for medical malpractice attorneys malpractice that it is more than likely that the doctor acted in violation of his or her duties as a doctor and that these breaches resulted in injury. The plaintiff's attorney has to be able to prove this by utilizing evidence obtained during discovery. This involves soliciting 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 part of this process.

A doctor has violated their professional obligation by doing something that an ordinary prudent doctor would not have done in similar circumstances. It must be proved that the breach caused the injury directly to the patient. This is known as causation or proximate cause. For instance the patient is admitted to the hospital for a hernia operation and ends up having his or the gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations which varies by state. The person who suffered the injury must show that the inadequate treatment resulted in injury, and after that they must establish what compensation they deserve.

Damages

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

In most states, you need to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider in breach of that obligation; a causal connection between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can prove all these elements of a medical negligence claim, you'll have an enviable case.

In certain instances the court can decide to award punitive damages. These are intended to punish the culprit and lawsuits deter others from committing the same offense. This is not the norm however, in medical malpractice cases. The courts must be able to prove evidence of malice before they may make these extraordinary awards.