How to File a Medical Malpractice Case

A patient who discovers that an object foreign to her, such as surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical malpractice attorneys negligence: duty, deviance from this duty, direct cause, and injury.

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

Causes of Injury

A medical malpractice claim may be filed by the victim or a legal representative. Based on the specific circumstances, this could be the spouse of the patient or an adult child parent, a guardian ad-litem or executor or administrator of the estate of the deceased patient. The plaintiff in a suit for medical negligence is the health professional. This could be a nurse, doctor or therapist, or any other licensed health professional.

Expert testimony is usually required in malpractice cases. Medical experts must provide evidence to prove that the healthcare provider was acting in accordance with the standards of medical care within their particular field of expertise. They also have to testify about the injury that was caused by the doctor's actions or actions or.

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

To establish a malpractice case, the patient must prove four legal elements: a duty the physician owed to them; a breach in this duty, resulting injury and damages. In certain states, like 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 one the most important elements in a medical malpractice lawyers malpractice case. To prove causation, the plaintiff must demonstrate that they suffered their injury on the balance of probabilities due to of the physician's negligence. This can be a difficult task due to a variety of reasons.

Many of the injuries that form the basis for a medical negligence lawsuit stem from long-term conditions or ongoing conditions which were present before treatment began. The time period for filing medical malpractice cases can be extended over the course of several years and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's breach of the standard of care that led to the injury is a challenge. The attorney may have gathered evidence, such as medical records and expert testimony, that the injured patient could use.

During the discovery process, which is a component of the legal procedure prepping for trial, your lawyer will request disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is defending the case will be asked to testify in deposition. This is a statement that is made under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proved the necessary elements of their claim, which includes duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice, that it is more than likely that the doctor acted in violation of the obligations of a physician and that those mistakes led to injuries. The lawyer representing the plaintiff must prove this using evidence gathered 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 a part of this process.

A doctor violated his or her professional obligations when he or she did something that a prudent doctor would not do in the same circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For instance when a patient is taken to the hospital for a procedure to treat a hernia and is then able to have his or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally prescribed time frame, known as the statute of limitations which varies by state. The person who suffered the injury must prove that the substandard treatment caused injury, and they must establish what compensation they're entitled to.

Damages

You are entitled to compensation for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then engage in discovery. It is a process where documents and statements are made public under an oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, in order to receive compensation for injuries sustained by malpractice, you have to establish four elements: a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages that result from the injury. If your attorney can establish all of these elements, you have an extremely strong case for financial compensation in a medical malpractice claim.

In certain cases, courts can award punitive damages, which are intended to punish the perpetrator and discourage others from engaging in similar misconduct. But, this isn't often the case in medical malpractice cases, since courts require evident proof of malice in order to award these awe-inspiring awards.