How to File a Medical Malpractice Case

A patient who discovers that a foreign object, such as surgical clamps, is still inside her body following gall bladder surgery could file a gatlinburg medical malpractice lawyer malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from the norm and direct reason.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the injury called proximate causation.

Cause of Injury

A medical malpractice claim can be filed either by the person who suffered the injury or a legal representative. This could be the spouse, adult child or parent, guardian or administrator of a deceased patient's estate, based on the circumstances. In a medical negligence case, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is often required in cases of malpractice. Medical experts are required to testify whether or not the health care provider adhered to the standards of care in their specific field. They must also testify as to the harm caused by the actions or inactions of the doctor.

The injuries that result from malpractice and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, including the possibility of a life-threatening illness. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

To establish a malpractice claim the patient must prove four legal elements: a duty that the doctor owed to them; a breach in this duty; a resultant injury and damages. In some states, like New York, the law sets a limit on the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

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

A lot of the injuries that form the basis for a medical negligence lawsuit stem from long-term or ongoing conditions that existed prior to when treatment began. The time limit for a glenn heights medical malpractice attorney malpractice case can be extended over several years and the development of injuries can happen slowly.

In these cases, proving that a medical professional's violation of the standard of care and led to the injury is not easy. However, the aggrieved patient may be able to use evidence collected by the attorney, such as medical records and expert testimony.

In the discovery process that is part of the legal process the preparation of a trial your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit is then required to testify in depositions, which are testimony that is under oath. Your lawyer can cross-examine the doctor and contest their conclusions. The jury will decide whether the plaintiff has substantiated all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice in court, that it is more than likely that the doctor acted in violation of his or her responsibilities as physician and that the actions led to injury. The plaintiff's attorney must demonstrate this using evidence collected during discovery. This includes requesting documents, including toppenish medical malpractice lawsuit records from all parties involved in the lawsuit. This process also involves the recording of sworn statements and used in trial.

A doctor has violated their professional obligation if they did something a reasonable and prudent doctor would not have done in similar circumstances. It must be proved that the breach caused injury directly to the patient. This is called causation or proxy causes. For example when a patient is taken to the hospital for a procedure to treat a hernia and then has his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations which varies according to the state. The injured patient has to prove that the negligent treatment caused injury, and then they must establish what compensation they deserve.

Damages

If medical negligence caused you to suffer injury, you deserve to be compensated. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties participate in discovery. This is a process where documents and evidence are revealed under the oath. During discovery, medical records and notes from a doctor will usually be requested.

In most states, you need to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you'll have a strong case.

In some cases, courts can award punitive damages, which are designed to punish the offender and deter others from engaging in similar misconduct. But, this isn't often the case in medical malpractice cases as courts require clear evidence of malice to give these extraordinary awards.