How to File a Medical Malpractice Case

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

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 malpractice claim can be filed either by the person who was injured or a legal representative. Based on the circumstances, it could be the spouse of the patient, Medical Malpractice an adult child or parent, guardian ad litem, or the executor or administrator of the estate of the deceased patient. The defendant in a lawsuit for medical malpractice is the health professional. It could be a licensed doctor, nurse or therapist.

Expert testimony is often required in cases of malpractice. Medical experts are required to testify whether or whether the health professional adhered to the standards of treatment for their specific area. They must also testify regarding the harm caused by the doctor's actions or actions or.

The consequences of malpractice and negligence can be very severe. For example, a mistake in the diagnosis of a medical condition could result in life-threatening consequences. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

To prove a malpractice claim the patient must prove four legal elements: a duty the doctor owed to them; a breach of this duty; a resultant injury; and damages. In certain states like New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements in a medical malpractice attorneys malpractice case. To prove causation the plaintiff must demonstrate that they suffered an injury on a balance of probabilities due to of the negligence of the doctor. This is a challenging task due to several 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. The time limit for medical malpractice cases can be extended over several years, and injuries can develop slowly.

In these instances it is difficult to prove that a medical professional's breached the standard of care which led to the injury is difficult. However, the patient who was hurt may be able to use evidence collected by the attorney, including medical records and expert testimony.

During the process of discovery which is an element of the legal process for the preparation of a trial your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be asked to testify in a deposition. This is a declaration that's given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved that the allegations of the case are true including breach of duty and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice that it is more likely that the doctor violated his or her duties as physician and that the mistakes led to injuries. The plaintiff's lawyer must prove this by using evidence collected during discovery. This includes seeking documents, such as medical records, from all parties involved in the lawsuit. This also includes sworn declarations that are recorded and used in trial.

A doctor was in breach of the professional duties of a doctor when he or she did something that a reasonable prudent physician would not do under similar circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation or proximate causes. A patient may visit a hospital to repair a hernia, but end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a certain time limit, known as the statute of limitations. This varies from state to state. The injured patient has to demonstrate that the treatment was substandard and caused injury, and they have to prove the amount of compensation they deserve.

Damages

If a medical error has caused you to suffer an injury, you are entitled to be compensated. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties participate in discovery. This is a procedure in which documents and declarations are presented under oath. During discovery medical malpractice law firm records and doctor's notes will usually be requested.

In most states, you need to establish four elements to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider in breach of that obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your attorney can demonstrate all of these elements in a medical negligence claim, you will have an impressive case.

In some instances the court could award punitive damage that is intended to punish the perpetrator and discourage others from committing similar crimes. It is not common however, particularly in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to give these extraordinary damages.