How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body after gall bladder surgery could bring a lawsuit against a doctor for medical negligence. A successful claim has to prove the elements of medical malpractice: duty, deviance from the duty, and direct reason.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the damage, known as proximate causation.

Cause of Injury

A medical malpractice claim can be initiated by the patient who was injured or a person legally designated to represent them. Based on the circumstances, this could be the spouse of the patient, an adult child or parent, 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. This could be a nurse, doctor or therapist, or any other health professional.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to testify whether or the medical professional was in compliance with the standard of care for their specific area. They also have to testify to the damage caused by the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be very serious. For example, a misdiagnosis of a health problem could have life-threatening effects. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

In order to prove a malpractice claim the patient must demonstrate four legal elements: a duty the doctor owed them; a breach in this duty; a subsequent injury; and damages. In certain states, like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element is also known as the causation. It is one of the most crucial elements in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This is a challenging task for several reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing conditions that were already in the process of being treated prior to. The time limit for a Stamford medical malpractice attorney malpractice case can be extended over the course of several years and injuries can develop slowly.

In these situations it is often difficult to prove that one particular medical professional's failure to adhere to the standards of care caused the injury. However, the person who was harmed could be able to use the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process as part of the legal process preparation 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 testify during deposition, which is testimony under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the essential elements of their case such as duty, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice, that it is more than likely that the doctor did not fulfill his or her duties as physician and that the actions led to injury. The plaintiff's lawyer must demonstrate this using evidence gathered during discovery. This involves seeking documents, such as medical records as well as other documents from all parties in a lawsuit. Depositions, wherein statements are made under oath and recorded to be used at trial, are also part of this procedure.

A doctor violated the professional duties of a doctor in the event that he or her did something that a reasonable prudent doctor would not do under similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation, or proxy causes. For instance the patient is admitted to the hospital for a hernia surgery and is later told that he or his gall bladder removed instead. This is little chute medical malpractice lawsuit negligence since the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, referred to as the statute of limitations, that varies from state to state. The injured patient must establish that the care provided was substandard and caused injury, and then prove how much monetary compensation he or her deserves.

Damages

If a medical error has caused you to suffer an injury, you deserve to be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties engage in discovery. This is in which documents and declarations are presented under oath. During discovery, medical records and doctor's notes will usually be requested.

In most states, you have to prove four things in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal relationship 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 in a medical negligence claim, you'll have a convincing case.

In certain cases the court can award punitive damage which is intended to penalize a wrongdoer and deter others from engaging in similar conduct. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they can award these extraordinary damages.