How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body, such as surgical clamps, is still inside her body following gall bladder surgery can pursue a medical malpractice suit. A successful claim must prove the elements of northvale medical malpractice lawsuit negligence: duty, deviation from the norm and direct reason.

Our clients must establish a direct connection between the breach of duty, and the injury. This is known as the proximate reason.

Causes of Injury

A medical malpractice lawsuit can be filed by the injured patient or a person legally designated to represent them. Based on the circumstances, this may 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. In a case involving medical malpractice the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is often required in cases of malpractice. west jordan medical malpractice law firm experts must determine if the doctor did what was required of treatment in their special area of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

Injuries that result from malpractice or negligence can be quite severe. For instance, a misdiagnosis of a health condition can cause life-threatening complications. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

To establish a malpractice claim the patient must prove four legal elements: a duty that the physician owed to them; a breach of the breach; a resulting injury and damages. In certain states, like New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

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

For instance, many of the injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing illnesses that were in the process of being treated prior to. Often, the statute of limitations for a medical malpractice claim extends out over a number of years, and injuries can develop gradually.

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

In the discovery process that is part of the legal process for preparing for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will be asked to give evidence during a deposition, which is testimony under an oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has substantiated all the elements of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice that it is more likely that the doctor did not fulfill his or her responsibilities as a physician and that those violations caused injury. The lawyer for the plaintiff must show this through evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for trial, are also part of this process.

A doctor was in breach of his or her professional obligations when he or she did something that a prudent physician would not do in similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is known as causation or proximate cause. A patient may go to the hospital in order to have a hernia fixed, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, referred to as the statute of limitations, which varies according to the state. The person who has suffered injury must prove that the care provided was substandard and resulted in injury, and then he or she must show how much compensation he or her deserves.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we will assist you in receiving an adequate and fair amount of 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 then participate in discovery, a process by which documents and statements are disclosed under oath. During discovery, medical records and doctor's notes will usually be requested.

In most states, you must prove four things in order to be compensated for any injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal link between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, you can make a an excellent case for financial recovery in a claim for medical malpractice.

In certain cases the court could make punitive damages a possibility that is designed to punish a wrongdoer, and deter others from engaging in similar crimes. This is not the norm however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they may decide to award these extraordinary damages.