How to File a Medical Malpractice Case

A patient who finds that an object foreign to her like surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

It is important for our clients to establish a direct relationship between the breach of duty and the injury which is referred to as proximate cause.

The reason for injury

A medical negligence case may be filed by the injured patient or by a person legally appointed to act on their behalf. This can be the spouse, adult child or parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. In a medical negligence case, the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases usually require a lot of expert testimony. Medical experts must be able to prove whether or whether the health professional adhered to the standards of care for their particular field. They must also testify to the damage caused by the doctor’s actions or inactions.

The consequences of negligence and mistakes can be devastating. For instance, a misdiagnosis of a health issue could cause life-threatening complications. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

In order to establish a malpractice case, the patient must prove four legal elements: a duty the doctor owed them; a breach of this duty, resulting injury and 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 among the most important elements in a medical malpractice case. To establish causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This is a difficult task due to a variety reasons.

For instance, many of the injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing illnesses that were present prior to treatment. Often the statute of limitation for a medical malpractice lawsuit extends over a variety of years and medical malpractice lawsuit the injuries can develop gradually.

In these cases it can be difficult to prove that a certain medical professional's breach of the standard of care led to the injury. However, the patient who was hurt might be able use evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is a part of the legal procedure for the preparation of 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 be required to testify in deposition, which is testimony that is under the oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will decide whether the plaintiff has established the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury, Medical malpractice lawsuit when filing a claim for medical malpractice to show that it is more than likely that the doctor acted in violation of the obligations of medical professional and that these breaches resulted in injury. The attorney representing the plaintiff must prove this by using evidence collected during discovery. This includes the request of documents, including medical records from all parties involved in a lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also a part of this procedure.

A doctor violated his or her professional obligation in the event that he or her did something that a reasonably prudent doctor would not do under the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or the proximate cause. For instance, a patient goes to the hospital for a hernia procedure and ends up having his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

medical malpractice lawsuits malpractice suits must be filed within a certain period, referred to as the statute of limitations. This differs from state to state. The injured patient has to prove that the negligent treatment caused injury, and they must show what compensation they deserve.

Damages

If medical negligence has caused you to suffer injury, you are entitled to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties engage in discovery. This is which involves the disclosure of documents and statements revealed under oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, to receive compensation for injuries caused through malpractice, you need to prove four things: a duty of care that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements, then you've got an argument for financial compensation in a medical malpractice case.

In some instances, courts can give punitive damages, which are intended to penalize the culprit and deter others from engaging in similar misconduct. This is not the norm, however, in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.