How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, such as surgical clamps, remains in her body after gall bladder surgery can file a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviation from the duty, and direct cause.

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

Causes of Injury

A medical malpractice claim can be filed by the victim or a legal representative. Based on the circumstances, this could be the spouse of the patient or an adult child parent, a guardian ad litem or the executor or administrator of the estate of the patient who died. The plaintiff in a medical malpractice law firms malpractice suit is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify whether or the medical professional adhered to the standards of care for their particular area of expertise. They must also testify as to the damage caused by the actions or inactions of the doctor.

Accidents caused by negligence or malpractice can be severe. A misdiagnosis can have serious consequences, like a life-threatening condition. Other types of injuries can be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

To prove a malpractice case the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach of the breach; a resulting injury; and damages. In some states such as New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one the most important aspects of medical malpractice cases. To prove 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 are the basis for a medical negligence lawsuit stem from chronic conditions which were present before treatment began. Often the statute of limitation for a medical malpractice lawsuit extends over a variety of years and the injuries may develop slowly.

In these instances it is difficult to prove that a medical professional's breached the standard of care led to the injury is a challenge. However, the patient who is afflicted may be able to use evidence gathered by the attorney, including medical records and expert testimony.

During the process of discovery, which is a part of the legal process for prepping for medical malpractice a trial your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be asked to take a deposition. This is a testimony that's given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case, including duty, breach and causation.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice that it is likely that the doctor did not fulfill his or her obligations as physician and that the actions led to injury. The plaintiff's attorney has to demonstrate this using evidence collected during discovery. This involves seeking documents, such as medical records, from all parties involved in a lawsuit. This process also involves sworn declarations that are recorded and used in trial.

A doctor has violated his or her professional obligations when he or she did something that a reasonable prudent doctor would not do in the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or the proximate cause. For instance, a patient goes to the hospital for a procedure to treat a hernia and is then able to have his or her gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within the legal period, referred to as the statute of limitations. This differs from state to state. The injured patient has to demonstrate that the treatment was substandard and caused injury, and they must show what compensation they're entitled to.

Damages

If medical negligence has led you to suffer injury, Medical Malpractice you deserve to be compensated. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then participate in discovery, a process in which documents and statements are made public under oath. During discovery medical records and doctor's notes are usually requested.

In the majority of states, you must prove four things in order to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, then you've got an extremely strong case for financial compensation in a medical malpractice claim.

In some instances the court could decide to award punitive damages that is intended to penalize a wrongdoer and deter others from engaging in similar conduct. However, this is not the norm in medical malpractice cases as the courts require extremely specific proof of malice to make these extraordinary awards.