How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body like surgical clamps, remains in her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

It is essential for our clients to establish a direct relationship between the breach of duty and the injury which is referred to as proximate cause.

Cause of Injury

A medical negligence case may be filed by the injured patient or a legal person to represent them. Based on the circumstances, this could 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 patient who died. In a case involving medical malpractice the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to provide evidence to prove that the medical malpractice law firms professional did what was required of medical care within their specific area of expertise. They must also testify to the harm caused by the doctor's actions or inactions.

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

To establish a malpractice case the patient has to prove four legal elements: a duty that the physician owed to them; a breach in this duty; a resultant injury; and damages. In certain states, like New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is one the most crucial elements in medical malpractice cases. To prove causation the plaintiff must prove that they sustained the injury on the balance of probabilities as a result of the negligence of the doctor. This can be a difficult task due to several reasons.

Many of the injuries that form the basis of a medical negligence lawsuit stem from long-term illnesses or issues that existed before treatment started. The time-limit for a medical malpractice lawsuit can be extended over the course of 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 led to the injury is not easy. The attorney may have gathered evidence, such as medical records and expert testimony which the injured patient could use.

In the discovery process as part of the legal process for preparing for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit will be asked to give evidence during depositions, which are testimony that is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

When a medical malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and that those breaches caused injuries. The plaintiff's lawyer must prove this using evidence gathered through pre-trial discovery, which involves 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 for use at trial, are also a part of this procedure.

A doctor has breached their professional duty in the event that they did something a reasonable and prudent doctor would not have done in similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is known as causation or proximate causes. A patient may go to the hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical negligence as the removal 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 injured patient must establish that the substandard care caused injury and then he or she must show how much compensation he or she is entitled to.

Damages

If medical negligence has caused you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we can assist you to 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 then proceed to discovery, a process in which documents and statements are revealed under the oath. During discovery, medical records and notes from a doctor are typically requested.

In the majority of states, to receive compensation for injuries caused by malpractice, you have to prove four things that include a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resultant from the injury. If your attorney can establish all of these elements, you have an excellent case for financial compensation in a medical malpractice case.

In certain cases the court might give punitive damages which is intended to penalize a wrongdoer and discourage others from committing similar acts. However, this is not the norm in medical malpractice cases as the courts require extremely evident proof of malice in order to make these extraordinary awards.