How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps inside her body following gall bladder surgery may file a lawsuit for medical negligence. A successful claim must establish the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

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

Causes of Injury

A medical malpractice claim can be filed by the injured patient or by a person legally appointed to represent them. Depending on the circumstances, this could be a spouse of the patient, an adult child or parent, a guardian ad Litem or the executor or administrator of the estate of the patient who died. The plaintiff in a medical malpractice suit is the health care provider. It could be a licensed doctor, nurse or therapist.

Malpractice cases usually require a lot of expert testimony. Medical experts are required to testify on whether or whether the healthcare provider adhered to the standards of treatment for their specific area. They must also testify about injuries caused by doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be extremely serious. For instance, a misdiagnosis of a health condition can have life-threatening consequences. Other kinds of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case the duty owed to the patient by the doctor and a breach of that duty; an injury caused by the breach; and resulting damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element is known as the causation. It is one of most important aspects of a medical malpractice claim. To prove causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This is a difficult task for a number of reasons.

A lot of the injuries that form the basis for a medical negligence lawsuit result from long-term illnesses or conditions which were present before treatment began. The time period for filing oradell medical malpractice lawsuit malpractice cases can be extended for a number of years and the development of injuries can happen slowly.

In these cases it is necessary to prove that a medical professional's breach of the standard of care led to the injury can be difficult. The attorney may have collected evidence, such as expert testimony and medical records that the patient who was injured can utilize.

During the discovery procedure which is an element of the legal process prepping for a trial your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit is then asked to give evidence during deposition, which is testimony given under the oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has proved that the allegations of the case are true including breach of duty and causation.

Negligence

The plaintiff must convince the jury when filing a claim for norco medical malpractice attorney malpractice that it is more likely that the doctor violated his or her obligations as a physician and that those mistakes led to injuries. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which includes requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This also includes sworn statements that are recorded and used at trial.

A doctor has breached their professional obligation when they did something that a reasonable prudent physician would not have done in the same circumstances. It must be proven that the breach resulted in injury directly to the patient. This is called causation or the proximate cause. A patient might visit the hospital to repair a hernia and instead, have their gall bladder removed. This is medical negligence since 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 patient who is injured must prove that the substandard care caused injury, and then demonstrate the amount of compensation he or she deserves.

Damages

If medical negligence has led you to suffer an injury, you should be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your losses.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties engage in discovery. This is which involves the disclosure of documents and statements disclosed under the oath. During discovery, medical records and doctor's notes will usually be requested.

In many states, to be eligible for compensation for injuries incurred by malpractice, you have to establish four elements including a duty of good faith that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you'll have a convincing case.

In some instances, courts can give punitive damages, which are intended to penalize the wrongdoer and deter others from engaging in the same conduct. This is not the norm however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to make these extraordinary awards.