How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, remain inside her body following gall bladder surgery may pursue a medical malpractice suit. A successful claim must prove the elements of medical malpractice: duty, deviance from the norm and direct reason.

Our clients must establish a direct connection between the breach of duty, and the injury. This is known as proximate cause.

The reason for injury

A claim for medical malpractice can be filed by the injured person or an attorney. This could be the spouse, adult child, parent, guardian or administrator of the estate of a deceased person depending on the specific circumstances. The plaintiff in a suit for medical negligence is the health professional. It could be a licensed nurse, doctor or therapist.

Malpractice cases usually require the testimony of experts. Medical experts must testify as to whether or the medical professional was in compliance with the standard of care for their particular field. They also have to testify to the harm caused by the doctor's actions or inactions.

Accidents caused by negligence or malpractice can be severe. A mistake in diagnosis can have devastating consequences, like the possibility of a life-threatening illness. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the doctor and a breach of that duty; an injury caused by the breach; and resulting damages. In certain states, such as New York, the law places a limit on the amount of money that could be awarded for an action for malpractice.

Causation

The injury element, also known as causation is one of the most important aspects of medical malpractice cases. To prove causation, the plaintiff must prove that the injury was caused by a physician's negligence. This is a challenging task due to a variety of reasons.

For instance, many injuries that are the subject of a california Medical malpractice Law firm malpractice lawsuit arise from long-term or ongoing illnesses that were present before treatment began. The statute of limitations on a medical malpractice case could be extended over several years and injuries can develop slowly.

In these cases the proof that a medical professional's failure to adhere to the standard of care that led to the injury is not easy. However, the patient who is afflicted could be able to use evidence gathered by the attorney, like rye brook medical malpractice attorney documents and expert testimony.

During the process of discovery which is an element of the legal process prepping for a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to appear in deposition. This is a declaration that is made under oath. Your lawyer will be able to cross-examine doctor and contest their conclusions. The jury will decide then if the plaintiff has proved the necessary elements of their claim, which includes duty, breach, causation and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice in court, that it is more likely that the physician violated his or her responsibilities as physician and that the violations caused injury. The plaintiff's lawyer must demonstrate this by presenting evidence through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath, and recorded to be used at trial, are also part of this process.

A doctor breached his or her professional obligation in the event that he or her did something that a reasonable prudent doctor would not do in similar circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. A patient may visit a hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, referred to as the statute of limitations which is different for each state. The victim must prove that the negligent care caused injury and then prove the amount of financial compensation he or she deserves.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then participate in discovery, a procedure in which documents and statements are made public under the oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, you have to prove four things in order to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal relationship between the breach and the patient's injury and the damages that result from the injury. If your attorney can establish all of these elements, then you've got a strong case for financial recovery in a medical negligence claim.

In certain cases, the court may decide to award punitive damages which is intended to punish a wrongdoer, and deter others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases as courts require precise proof of malice before they can award these awe-inspiring awards.