How to File a Medical Malpractice Case

If a patient discovers that a foreign object like surgical clamps, remain inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct cause and injury.

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

Causes of Injury

A medical malpractice claim can be filed by the injured person or a person legally designated to act on their behalf. Depending on the circumstances this could be a spouse of the patient or an adult child, parent, guardian ad litem, or the executor or administrator of the estate of the deceased patient. In a case involving medical malpractice the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health care professional.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify on whether or whether the healthcare provider followed the standard of care for their particular area of expertise. They must also testify as to the harm that was caused by the actions or inactions of a doctor.

The consequences of negligence and negligence can be very serious. For example, a mistake in the diagnosis of a health condition can result in life-threatening consequences. Other types of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice claim which include a duty to the patient by the physician and a breach of this duty; injury caused by the breach and the consequential damages. In some states, like New York, the law sets a limit on the amount that can be awarded in an action for malpractice.

Causation

The injury element, also known as causation, is one of the most important elements of medical malpractice cases. To establish causation, the plaintiff must prove that they suffered an injury based on a balance of probabilities as a result of the negligence of a physician. This is a difficult task due to a variety of reasons.

Many injuries that are the basis of medical negligence lawsuits result from long-term conditions or ongoing conditions which were present before treatment started. The time limit for medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these instances, proving that a medical professional's failure to adhere to the standard of care and led to the injury is a challenge. The attorney may have gathered evidence, such as warren medical malpractice lawsuit records and expert testimony that the injured person may use.

During the process of discovery which is an element of the legal process preparing for a trial, your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be required to testify in deposition, which is testimony under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the necessary elements of their claim, which includes the duty of care, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff must 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 injuries. The plaintiff's lawyer must demonstrate this through evidence collected during discovery. This includes requesting documents, including medical records as well as other documents from all parties in the lawsuit. This process also includes swearing statements that are recorded and used at trial.

A doctor has violated their professional duty by doing something that a reasonable prudent physician would not have done under the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. Patients may go to the hospital in order to repair a hernia, however, they end up having their gall bladder removed. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within the legal time frame, also known as the statute of limitations. This differs from state-to-state. The victim must prove that the care provided was substandard and resulted in injury, and then show how much compensation he or she deserves.

Damages

If medical negligence caused you to suffer injury, you have the right to be compensated. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties are involved in discovery. This is a process where documents and evidence are disclosed under the oath. During discovery, medical records and doctor's notes are typically requested.

In the majority of states, you must prove four things to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal relationship between the breach and the injury suffered by the patient and the damages that result from the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, you will have a strong case.

In certain cases the court can give punitive damages, which are intended to penalize the perpetrator and discourage others from committing the same offense. But, this isn't often the case in sahuarita medical malpractice law firm malpractice cases, because the courts require evident proof of malice in order to give these extraordinary awards.