How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps inside her body following gall bladder surgery may sue for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct cause, and injury.

It is essential for our clients to establish a direct link between the breach of duty and the harm that is known as proximate causation.

Cause of Injury

A medical negligence case may be filed by the injured patient or a person legally designated to represent them. It could be the spouse or adult child or parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. The defendant in a medical malpractice suit is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases usually require an abundance of expert testimony. Medical experts are required to testify on whether or not the health care provider was in compliance with the standard of care for their particular area of expertise. They must also testify to the harm resulting from the actions or inactions of the doctor.

The injuries that result from malpractice and negligence can be very severe. A misdiagnosis could have grave consequences, such as an illness that could be life-threatening. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the physician; a breach of this obligation; an injury resulting by the breach and the consequential 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 most crucial aspects 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 difficult job due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit stem from long-term or ongoing conditions that were already present prior to treatment. The time-limit for a medical malpractice lawsuit can be extended over the course of several years, and injuries can develop slowly.

In these instances it can be difficult to prove that a specific medical professional's breach of the standard of care caused the injury. However, the person who was harmed could be able to use the evidence collected by the attorney, including medical records and expert testimony.

During the discovery process as part 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 case will be required to take a deposition. This is a declaration which is under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the necessary elements of their case including breach of duty, causation, breach of duty and injury.

Negligence

If a medical malpractice lawsuit 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 resulted in injuries. The plaintiff's attorney must demonstrate this using evidence gathered during discovery. This includes requesting documents, including medical records as well as other documents from all parties in the lawsuit. This also includes sworn statements that are recorded and used in trial.

A doctor has violated their professional duty if they did something a reasonable prudent physician would not have done under similar circumstances. It must be proved that the breach caused injury directly to the patient. This is known as causation or proxy causes. For example the patient is admitted to the hospital for a procedure to treat a hernia and ends up having his or the gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within the legal time limit, known as the statute of limitations. This differs from state to state. The injured patient must establish that the negligence resulted in injury, and then show how much compensation he or she deserves.

Damages

You deserve to be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive the full and fair compensation for your loss.

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 a process where documents and evidence are disclosed under oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, you must prove four things to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, you have an excellent case for vimeo.com financial recovery in a medical malpractice case.

In some cases, the court may award punitive damage, which is meant to punish the wrongdoer and deter others from engaging in similar acts. This isn't often however, especially in santa clarita medical malpractice lawsuit malpractice cases. The courts must have clear evidence of malice before they are able to decide to award these extraordinary damages.