How to File a Medical Malpractice Case

A patient who discovers an object foreign to her like surgical clamps, remain inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from this duty and the direct cause.

It is important for our clients to establish a direct relationship between the breach of duty and the damage called proximate causation.

Cause of Injury

A medical negligence case may be filed by the injured person or a person who is legally authorized to act on their behalf. Based on the circumstances, this may be the 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 medical negligence case the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to testify whether or whether the healthcare provider adhered to the standards of treatment for their particular field. They must also testify about the injury that was caused by the physician's actions or inactions.

The injuries that result from malpractice and negligence can be very serious. For instance, a wrong diagnosis of a health condition can have life-threatening consequences. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

To prove a malpractice claim the patient must prove four legal elements: a duty the doctor owed to them; a breach in this duty; a resultant 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, also known as causation is one of the most important elements of medical malpractice cases. To prove causation, the plaintiff must show that they suffered an injury on a balance of probabilities due to of the physician's negligence. This can be a challenging job due to a variety of reasons.

Many of the injuries that form the basis of a medical negligence lawsuit stem from chronic issues that existed before treatment started. Often the statute of limitation for a medical negligence claim extends over a number of years, and injuries can develop gradually.

In these instances the proof that a medical professional's breached the standard of care led to the injury is a challenge. However, the person who was harmed could be able to use evidence gathered by the attorney, including mason city medical malpractice attorney documents and expert testimony.

During the discovery process, which is part of the legal process for prepping for trial, your lawyer may seek disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the case will be required to give a deposition. This is a testimony which is under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case including breach of duty, breach of contract and causation.

Negligence

If a claim for medical malpractice is filed, the plaintiff will have 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 injury. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for trial, are also a part of this process.

A doctor has violated their professional obligation when they did something that an ordinary prudent doctor would not have done in similar circumstances. However it must be established that the breach directly caused the injury to the patient. This is referred to as causation, or the proximate cause. For example the patient is admitted to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within a certain period, referred to as the statute of limitations. This differs from state-to-state. The injured patient has to prove that the negligent treatment caused injury, and then they must prove what monetary compensation they deserve.

Damages

If Quincy Medical Malpractice Attorney negligence has led you to suffer a traumatic injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your loss.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties then engage in discovery, a process by which documents and statements are revealed under oath. Medical records and notes of the doctor are typically sought during discovery.

In the majority of states, you have to prove four things in order to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal link between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can prove all of these elements in a medical negligence claim, you'll have an enviable case.

In certain cases, courts can decide to award punitive damages. These are intended to penalize the wrongdoer and deter others from engaging in the same conduct. It is not common, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they can give these extraordinary damages.