How to File a Medical Malpractice Case

A patient who discovers that a foreign object like surgical clamps, is still inside her body after gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviance from this duty and direct cause.

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

The reason for injury

A medical malpractice case can be filed by the injured person or a person who is legally authorized to represent them. This can be the spouse, adult child guardian, parent or administrator Medical Malpractice Law Firms of the estate of a deceased patient depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to provide evidence to prove that the medical professional acted within the standard of medical care within their particular field of expertise. They must also testify as to the harm resulting from the doctor’s actions or inactions.

Injuries resulting from malpractice and negligence can be extremely serious. A mistake in diagnosis can have devastating consequences, such as an illness that could be life-threatening. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

In order to establish a malpractice case the patient has to prove four legal elements: a duty the doctor owed to them; a breach of the breach; a resulting injury and damages. In certain states, such as New York, the law restricts the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most important aspects of medical malpractice cases. To establish causation, the plaintiff must show that they suffered their injury on the balance of probabilities because of the negligence of a physician. This can be a challenging task due to a variety of reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing ailments that were present prior to treatment. The statute of limitations on a medical malpractice law firms malpractice case can be extended over several years and injuries may develop slowly.

In these situations it can be difficult to prove that a specific medical professional's breach of the standard of care led to the injury. The attorney could have gathered evidence, including 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 preparation for a trial, your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be asked to take a deposition. This is a testimony that's given under oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will decide if the plaintiff has proven the elements of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice, that it is more likely that the doctor acted in violation of his or her obligations as physician and that the mistakes led to injuries. The attorney representing the plaintiff must demonstrate this through evidence obtained during discovery. This involves seeking documents, such as medical records, from all parties involved in the lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has violated their professional obligation in the event that they did something a reasonable and prudent doctor would not have done under similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is referred to as causation or proximate cause. A patient might visit a hospital to repair a hernia, but end up having their gall bladder removed. This is medical negligence as the removal did not benefit the patient.

medical malpractice attorneys malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations, that varies from state to state. The injured patient has to demonstrate that the treatment was substandard and resulted in injury, and after that they must establish what compensation they're entitled to.

Damages

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

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties participate in discovery. This is a process which involves the disclosure of documents and statements made public under the oath. Medical records and the notes of a doctor are typically requested during discovery.

In the majority of states, you must prove four things in order to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your attorney can establish all of these elements, you will have an extremely strong case for financial recovery in a medical malpractice claim.

In certain instances the court could decide to award punitive damages that is designed to punish the perpetrator and discourage others from committing similar crimes. This is rare however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they can award these extraordinary damages.