How to File a Medical Malpractice Case

A patient who discovers that an object foreign to her like surgical clamps, remains in her body following gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice claim can be filed by the person who has been injured or a legal person to represent them. Depending on the 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 deceased patient. In a case of medical malpractice, the defendant 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 determine if the health care provider was acting in accordance with the standards of treatment in their special area of expertise. They must also testify to the harm resulting from the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be extremely serious. For example, a mistake in the diagnosis of a medical condition could result in life-threatening consequences. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice claim the patient must prove four legal elements: a duty the physician owed to them; a breach of this duty, resulting injury; and damages. In certain states, such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element is known as the causation. It is among the most crucial aspects of a medical malpractice claim. To establish causation, Vimeo.com the plaintiff must prove that they sustained their injury based on a balance of probabilities because of the negligence of a physician. This is a challenging job due to various reasons.

A lot of the injuries that form the basis of medical negligence lawsuits result from chronic conditions which were present before treatment began. The time-limit for a medical malpractice lawsuit can be extended over several years and injuries can develop slowly.

In these instances the proof that a medical professional's breach of the standard of care which led to the injury is difficult. 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 process which is an element of the legal process the preparation of a trial your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the case will be required to testify in a deposition. This is a testimony which is under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the necessary elements of their case, including the duty of care, breach, causation and injury.

Negligence

When a medical negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those breaches resulted in injury. The plaintiff's lawyer must demonstrate this using evidence collected during discovery. This involves the request of documents, including texas medical malpractice attorney records from all parties involved in a lawsuit. Depositions, where statements are made under oath and recorded to be used at trial, are also part of this procedure.

A doctor has violated their professional obligation by doing something that a reasonable prudent physician would not have done under the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is called causation or the proximate cause. A patient could go to the hospital to have a hernia fixed, however, they 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 prescribed period of time, called the statute of limitations, that varies from state to state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then he or she must demonstrate the amount of compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. Scaffidi & Associates can help you get fair and complete 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 then begin discovery, a process by which documents and declarations are made public under an oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, in order to receive compensation for injuries sustained through malpractice, you need to prove four things including a duty of good faith that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury; and damages resulting from the injury. If your attorney can establish all of these elements, you have an argument for financial compensation in a medical malpractice claim.

In some cases, courts can make punitive damages available, which are intended to punish the culprit and deter others from engaging in similar misconduct. This is not the norm, however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to give these extraordinary damages.