How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps in her body after gall bladder surgery may file a lawsuit for medical negligence. A successful claim must establish the legal elements of Medical malpractice law firm negligence: duty, deviance from this duty, direct causes, and injury.

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

The reason for injury

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

Expert testimony is often required in cases of malpractice. Medical experts must testify as to whether the health care provider performed his duties in accordance with the standard of care in his or her special area of expertise. They must also testify about the injury that was caused by the physician's actions or inactions.

Injuries that result from malpractice or negligence can be extremely serious. For example, a misdiagnosis of a health problem could have life-threatening consequences. Other types of injuries can be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor and a breach of that obligation; a harm caused by the breach; and the resulting damages. In certain states, like New York, the law puts a limit on amount of money that could be awarded for a malpractice claim.

Causation

The element of injury is known as the causation. It is among the most crucial aspects in a medical malpractice claim. To prove causation, the plaintiff must prove that they sustained the injury on the basis of probabilities as a result of the negligence of the doctor. This can be a difficult task for several reasons.

Many injuries that are the basis for medical negligence lawsuits result from long-term or ongoing conditions that existed prior to when treatment started. Often the statute of limitation for a medical malpractice lawsuit extends over a number of years, and the injuries can develop gradually.

In these situations, it is difficult to prove that a certain medical professional's violation of the standard of care led to the injury. However, the person who was harmed could be able to make use of evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery process as part of the legal process for prepping for a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will then be called to testify during deposition, which is the testimony under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice in court, that it is likely that the doctor violated his or her responsibilities as medical professional and that these breaches resulted in injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This process also includes sworn statements that are recorded and used at trial.

A doctor violated his or her professional obligations when he/she did something that a reasonable prudent doctor would not do in similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is called causation or the proximate cause. For instance an individual goes to the hospital for a hernia operation and ends up having his or her 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 regulated period of time, referred to as the statute of limitations, which varies according to the state. The patient who is injured must prove that the care provided was substandard and resulted in injury, and Medical Malpractice law firm then he or she must prove the amount of financial compensation he or her deserves.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

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

In many states, to receive compensation for injuries caused by negligence, you must to prove four things such as a duty of care that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you will have an impressive case.

In some instances the court might give punitive damages that is designed to punish the perpetrator and deter others from engaging in similar misconduct. However, this is rare in medical malpractice cases, since courts require precise proof of malice before they can make these extraordinary awards.