How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps within her body following gall bladder surgery can file a lawsuit for medical negligence. A successful claim must prove the elements of medical malpractice: duty, deviation from the norm and direct cause.

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

Causes of Injury

A medical malpractice lawsuit can be filed by the injured person or a person who is legally authorized to represent them. Based on the circumstances, this may be the spouse of the patient, an adult child or parent, guardian ad Litem or the administrator or executor of the estate of the patient who died. In a medical malpractice lawyer malpractice case, the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts must provide evidence to prove that the health care provider did what was required of care in their specific area of expertise. They also have to testify to the harm caused by the doctor’s actions or inactions.

Injuries that result from malpractice or negligence can be very severe. For example, a misdiagnosis of a health condition can have life-threatening effects. Other kinds of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

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

Many injuries that are the basis for a medical negligence suit result from long-term or ongoing conditions which were present before treatment began. The time limit for a medical malpractice case can be extended over several years and injuries can develop slowly.

In these situations it is often difficult to prove that one particular medical professional's violation of the standards of care caused the injury. However, the patient who was hurt might be able use evidence gathered by the attorney, like medical records and expert testimony.

During the process of discovery, which is a part of the legal process the preparation of a trial your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit will then be asked to give evidence during deposition, which is testimony under an oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will decide then if the plaintiff has proved the necessary elements of their case including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice that it is more likely that the doctor acted in violation of his or her responsibilities as a doctor and that these mistakes led to injuries. The plaintiff's lawyer has to demonstrate this with evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also a part of this process.

A doctor breached his or her professional obligations if he or she did something that a prudent physician would not do in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is referred to as causation or proximate cause. Patients may go to the hospital in order 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 brought within a legally regulated period of time, also known as the statute of limitations which is different for each state. The victim must prove that the negligent treatment caused injury, then they have to prove the amount of compensation they deserve.

Damages

If medical negligence has led you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we can assist you to receive the full and fair compensation you deserve for your loss.

The first step is to file and serve a summons and complaint to all defendants named in the lawsuit. The parties are involved in discovery. This is where documents and evidence are revealed under an oath. During discovery, medical records and doctor's notes will typically be sought.

In most states, to get compensation for injuries caused through malpractice, you need to establish four elements: a duty of care due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements in a medical malpractice claim, you will have an impressive case.

In certain cases, a court may make punitive damages available, which are intended to penalize the culprit and deter others from committing the same offense. But, this isn't often the case in medical malpractice cases because the courts require evident proof of malice in order to award these awe-inspiring awards.