How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, remains in her body after gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is referred to as the proximate reason.

Causes of Injury

A medical malpractice claim can be filed by the injured patient or a person legally designated to act on their behalf. This can be the spouse or adult child or parent, guardian or administrator of an estate belonging to a deceased patient depending on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health care professional.

Expert testimony is usually required in malpractice cases. Medical experts must determine if the health care provider did what was required of care in their specific area of expertise. They also have to testify to the damage caused by the doctor’s actions or inactions.

The consequences of malpractice and negligence can be quite severe. For instance, a wrong diagnosis of a health issue could have life-threatening effects. Other kinds of injuries include operating on the wrong body part or putting surgical instruments in the patient.

In order to establish a malpractice case the patient must demonstrate four legal elements: a duty the doctor owed to them; a breach of this duty; a subsequent injury; and damages. In certain states, such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element is also called the causation. It is one of the most important aspects in a medical malpractice claim. To establish causation, the plaintiff must show that they sustained the injury on a balance of probabilities as a result of the negligence of a physician. This is a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were present prior to treatment. Often, the statute of limitations for a cochran medical malpractice lawsuit malpractice lawsuit extends over a number of years, and the injuries may develop slowly.

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

During the discovery procedure that is part of the legal process preparation 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 representing the case will be required to appear in deposition. This is a testimonies that is made under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their case such as duty, breach, causation and injury.

Negligence

When a medical malpractice claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor breached his or her professional duties and that the breaches caused injury. The lawyer representing the plaintiff must prove this using evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also a part of this procedure.

A doctor has violated their professional obligation if they did something 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 may go to the hospital in order to have a hernia repaired, however, they end up having their gall bladder removed. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a certain time frame, also known as the statute of limitations. This differs from state-to-state. The victim must prove that the substandard treatment caused injury, and they must establish what compensation they deserve.

Damages

You deserve to be compensated for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties engage in discovery. This is a procedure which involves the disclosure of documents and statements made public under oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can establish all of these elements, you can make a an argument for financial recovery in a Moorpark Medical Malpractice Law Firm negligence claim.

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