How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body like surgical clamps, remain inside her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

It is vital for our clients to establish a direct relationship between the breach of duty and the injury that is known as proximate causation.

The reason for injury

A medical malpractice claim can be filed by the injured person or a person legally designated to represent them. Based on the specific circumstances, this may be the spouse of the patient or an adult child, parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. The defendant in a medical malpractice lawsuit is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

Malpractice cases typically involve many expert witnesses. Medical experts are required to testify on whether or whether the health professional followed the standard of care for their specific area. They must also testify to the damage caused by the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be quite severe. For instance, a misdiagnosis of a health condition can have life-threatening effects. Other types of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the physician and a breach of that duty; an injury caused by the breach; and the resulting damages. In certain states, such as New York, the law places a limit on the amount of money that can be awarded for the malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important aspects of medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This is a challenging task for several reasons.

Many injuries that are the basis of medical negligence lawsuits result from long-term or ongoing issues that existed before treatment began. The time period for filing a medical malpractice case can be extended for a number of years and injuries can develop slowly.

In these cases it can be difficult to prove that one particular medical professional's breach of the standards of care caused the injury. However, the person who was harmed could be able to make use of the evidence collected by the attorney, including medical records and expert testimony.

During the discovery process, which is part of the legal procedure getting ready for trial, your lawyer can seek disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is defending the lawsuit will be asked to testify during a deposition, which is testimony that is under an oath. Your lawyer will be able to cross-examine doctor and challenge their conclusions. The jury will decide whether the plaintiff has proved the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice in court, that it is more than likely that the physician violated his or her obligations as physician and that the violations caused injury. The plaintiff's lawyer must demonstrate this using evidence gathered during discovery. This involves requesting documents, including medical records from all parties involved in the lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor has violated their professional obligation by doing something that a reasonable prudent physician would not have done in the same circumstances. It must be established that the breach caused the injury directly to the patient. This is known as causation or proximate causes. A patient might go to the hospital in order to repair a hernia and instead, have their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, also known as the statute of limitations which varies by state. The victim must prove that the care provided was substandard and resulted in injury, and then prove how much monetary compensation he or her deserves.

Damages

If medical negligence caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your loss.

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

In most states, you need to establish four elements to be compensated for pipewiki.org the injuries caused by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal relationship between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can prove all of these elements, you have a strong case for financial compensation in a medical malpractice case.

In some instances courts may give punitive damages, which are intended to punish the wrongdoer and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases, as courts require specific proof of malice to award these extraordinary awards.