How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps in her body after gall bladder surgery may bring a lawsuit against a doctor for medical malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.

It is important for our clients to establish a direct relationship between the breach of duty and the injury that is known as proximate causation.

The reason for injury

A medical negligence case may be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. Based on the specific circumstances, it 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. The plaintiff in a medical malpractice lawsuit is the health professional. It could be a licensed doctor, nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to testify whether or not the health care provider adhered to the standards of treatment for their particular area of expertise. They also have to testify to the damage caused by the actions or inactions of the doctor.

Accidents caused by negligence or malpractice can be severe. For instance, a misdiagnosis of a medical condition could have life-threatening consequences. Other types of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

In order to prove 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, such as New York, the law puts a limit on amount of money that can be awarded for an action for malpractice.

Causation

The element of injury is called the causation. It is one of most important elements in a medical malpractice claim. To prove causation, the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a difficult task due to a variety reasons.

For instance, many injuries that are the basis of a fresno medical malpractice lawsuit malpractice lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. Often, the statute of limitations for a medical malpractice claim is extended over a period of years, and the injuries can develop gradually.

In these cases it is necessary to prove that a medical professional's violation of the standard of care which led to the injury can be difficult. The attorney could have gathered evidence, like medical records and expert testimony that the patient who was injured may use.

During the discovery process, which is a part of the legal procedure getting ready for trial, your lawyer can ask for the disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor defending the lawsuit is then required to testify in a deposition, which is testimony that is under oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide then if the plaintiff has established the essential elements of their case including breach of duty, causation, Vimeo breach of duty and injury.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and those breaches caused harm. The attorney representing the plaintiff must prove this by using evidence gathered during discovery. This involves requesting documents, including medical records and other records from all parties in the lawsuit. The process also involves swearing statements that are recorded and used at trial.

A doctor has breached their professional obligation when they did something that reasonable and prudent doctors would not have done under the same 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 cause. For instance when a patient is taken to the hospital for a hernia operation and ends up having his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, called the statute of limitations that varies from state to state. The injured patient must establish that the negligent care caused injury and then he or she must show how much compensation he or she is entitled to.

Damages

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

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties engage in discovery. It is a process in which documents and declarations are revealed under an oath. During discovery medical records and notes from a doctor will typically be sought.

In most states, you must prove four things in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements of a broussard medical malpractice law firm negligence claim, you will have an enviable case.

In certain cases courts may award punitive damages, which are designed to punish the wrongdoer and deter others from committing the same offense. It is not common however, in medical malpractice cases. The courts must have clear evidence of malice before they may make these extraordinary awards.