How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body, such as surgical clamps, remains in her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviation from this duty and the direct reason.

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

Causes of Injury

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

Expert testimony is typically required in cases of malpractice. Medical experts are required to determine if the doctor was acting in accordance with the standards of care in his or her particular field of expertise. They also have to testify to the harm resulting from the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be extremely serious. For instance, a misdiagnosis of a health condition can have life-threatening consequences. Other types of injuries could include operating on the wrong part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case which include a duty to the patient by the physician and a breach of this duty; injury caused by the breach and resulting damages. In some states, like New York, the law restricts the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also known as causation, is among the most important aspects of medical malpractice cases. To prove causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This can be a challenging job due to a variety of reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing ailments that were present prior to treatment. The statute of limitations on a medical malpractice attorneys malpractice case can be extended over the course of several years and injuries may develop slowly.

In these instances the proof that a medical professional's breach of the standard of care which led to the injury is difficult. However, the patient who is afflicted may be able to use evidence collected by the attorney, like medical records and expert testimony.

During the discovery process, which is a component of the legal process for preparation for trial, your lawyer may request disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is representing the case will be asked to give a deposition. This is a testimony that's given under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the necessary elements of their claim, which includes duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice, that it is more likely that the doctor acted in violation of his or her obligations as physician and that the breaches resulted in injury. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which includes requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for use in trial, are also part of this process.

A doctor has violated their professional duty by doing something that a reasonable and prudent doctor would not have done 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 the patient is admitted to the hospital for malpractice a hernia surgery and is later told that he or his gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, called the statute of limitations that varies from state to state. The patient who was injured must prove that the substandard treatment caused injury, then they have to prove the amount of compensation they're entitled to.

Damages

You are entitled to compensation for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive full and fair compensation for your loss.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then participate in discovery, a procedure in which documents and declarations are made public under an oath. During discovery, medical records and notes from a doctor will typically be sought.

In most states, malpractice you need to prove four things to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal link between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements, then you've got a strong case for financial recovery in a medical negligence claim.

In some cases, courts can decide to award punitive damages. These are designed to punish the offender and deter others from engaging in similar misconduct. However, this is rare in medical malpractice cases as courts require precise proof of malice before they can award these extraordinary awards.