How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, remain inside her body following gall bladder surgery can pursue a medical malpractice lawsuit malpractice suit. A successful claim has to prove the elements of medical malpractice law firm malpractice: duty, deviance from this duty and direct reason.

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

Cause of Injury

A medical negligence case may be initiated by the patient who was injured or a legal person to act on their behalf. It could be the spouse or adult child or parent, guardian or administrator of a deceased patient's estate, based on the circumstances. In a case involving medical malpractice the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases usually require an abundance of expert testimony. Medical experts must be able to testify that the healthcare provider did what was required of care in their particular field of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

The injuries that result from malpractice and negligence can be quite severe. A misdiagnosis can have serious consequences, including a life-threatening condition. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim: a duty owed to the patient by the physician and a breach of this duty; injury caused by the breach; and the resulting damages. In some states, such as New York, the law sets a limit on the amount that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is one of the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must demonstrate that they sustained their injury on a balance of probabilities because of the negligence of a physician. This can be a challenging task due to a variety of reasons.

Many injuries that are the basis for medical negligence lawsuits result from long-term illnesses or issues that existed before treatment started. The statute of limitations on medical malpractice cases can be extended for a number of years and injuries can develop slowly.

In these cases it is difficult to prove that a medical professional's failure to adhere to the standard of care and led to the injury is a challenge. However, the patient who is afflicted could be able to make use of evidence gathered by the attorney, such as medical documents and Medical Malpractice Lawsuit expert testimony.

During the discovery process, which is a part of the legal procedure preparing for trial, your lawyer could seek disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor who is defending the lawsuit will be required to testify in depositions, which are testimony that is under an oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will decide if the plaintiff has proven the facts of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice in court, that it is more than likely that the doctor did not fulfill the obligations of medical professional and that these actions led to injury. The plaintiff's lawyer has to demonstrate this with evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This process also involves the recording of sworn statements and used at trial.

A doctor has breached their professional duty if they did something an ordinary prudent doctor would not have done 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 proximate causes. For instance, a patient goes to the hospital for a hernia procedure and is then able to have his or his gall bladder removed instead. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, referred to as the statute of limitations which is different for each state. The person who has suffered injury must prove that the substandard care caused injury, and then prove the amount of financial compensation he or her deserves.

Damages

You deserve to be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your losses.

The first step is filing and serving a complaint and summons on all named defendants in the lawsuit. The parties then engage in discovery, a process in which documents and declarations are made public under oath. Medical records and the doctor's notes are typically requested during discovery.

In most states, in order to receive compensation for injuries caused by negligence, you must to establish four elements that include a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and Medical malpractice law firms injury and damages resultant from the injury. If your lawyer can prove all of these elements, you will have a strong case for financial recovery in a medical malpractice claim.

In some cases, the court may make punitive damages a possibility that is intended to punish the perpetrator and discourage others from committing similar acts. However, this is rare in medical malpractice cases as the courts require extremely evident proof of malice in order to award these extraordinary awards.