How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body, such as surgical clamps, is still inside her body following gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.

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

Causes of Injury

A medical malpractice case can be filed by the injured patient or a legal person to act on their behalf. Based on the specific circumstances, this could be a spouse of the patient or an adult child parent, guardian ad-litem or executor or administrator of the estate of the patient who died. In a medical negligence case, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health professional.

Malpractice cases usually involve an abundance of expert testimony. portland medical malpractice law firm experts must testify as to whether the doctor performed his duties in accordance with the standard of care in his or her specific field of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

The consequences of negligence and mistakes can be catastrophic. A mistake in diagnosis can have devastating consequences, such as a life-threatening condition. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim which include a duty to the patient by the doctor and a breach of this duty; injury caused by the breach and resulting damages. In certain states, such as New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The injury element, also referred to as causation is one of the most important aspects of medical malpractice cases. To prove causation, the plaintiff must prove that their injury was caused by the physician's negligence. This can be a challenging job due to a variety of reasons.

A lot of the injuries that form the basis for a medical negligence lawsuit stem from long-term illnesses or conditions that existed prior to when treatment started. The time limit for a medical malpractice case can be extended over a period of time and injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's breach of the standard of care and led to the injury is difficult. The attorney could have collected evidence, including medical records and expert testimony that the patient who was injured could use.

During the discovery process, which is part of the legal procedure for prepping for trial, your lawyer could request disclosure of expert testimony and other evidence from defendants' attorneys. The doctor who is representing the case will be required to give deposition. This is a testimony which is under the oath. Your lawyer can cross-examine the doctor attorneys and challenge the doctor's findings. The jury will decide then if the plaintiff has established the necessary elements of their case including obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice in court, that it is more than likely that the doctor did not fulfill his or her responsibilities as medical professional and that these mistakes led to injuries. The plaintiff's attorney has to be able to prove this by utilizing evidence collected during discovery. This involves soliciting documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, wherein statements are made under oath and recorded for use in trial, are also part of this procedure.

A doctor was in breach of his or her professional obligations when he/she did something that a prudent doctor would not do in similar circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation or proxy causes. For instance when a patient is taken to the hospital for a procedure to treat a hernia and then has his or the gall bladder removed instead. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice suits must be filed within a legal time frame, also known as the statute of limitations. This varies from state to state. The victim must prove that the negligent care caused injury, and then he or she must prove how much monetary compensation they are entitled to.

Damages

If medical negligence caused you to suffer a traumatic injury, you deserve to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your loss.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties are involved in discovery. This is which involves the disclosure of documents and statements made public under oath. Medical records and the notes of a doctor are typically requested during discovery.

In many states, to receive compensation for injuries sustained by malpractice, you need to prove four things such as a duty of care that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages caused by the injury. If your attorney can establish all of these elements, you have an argument for financial compensation in a claim for medical malpractice.

In certain instances the court can give punitive damages, which are intended to punish the wrongdoer and deter others from committing the same offense. However, this is rare in austell medical malpractice lawsuit malpractice cases, as the courts require extremely precise proof of malice before they can make these extraordinary awards.