How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign like surgical clamps, remain inside her body following gall bladder surgery may pursue a medical malpractice suit. A successful claim has to prove the elements of medical negligence: duty, deviation from this duty and the direct reason.

Our clients must establish a direct connection between the breach of duty and the injury. This is referred to as the proximate cause.

The reason for injury

A medical malpractice claim can be filed either by the person who suffered the injury or an attorney. This could be a spouse or adult child guardian, parent or administrator of an estate belonging to a deceased patient depending on the circumstances. In a medical malpractice case, the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts must be able to prove whether or whether the healthcare provider adhered to the standards of treatment for their specific area. They must also testify to the harm resulting from the doctor’s actions or inactions.

Injuries caused by negligence and malpractice can be severe. For instance, a wrong diagnosis of a health problem could have life-threatening effects. Other types of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case that include a duty owed to the patient by the doctor and a breach of this obligation; an injury resulting by the breach and the resulting damages. In certain states, such as New York, the law restricts the amount of money that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most important elements in medical malpractice cases. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This can be a challenging task due to a variety of reasons.

Many of the injuries that form the basis for a medical malpractice lawyer negligence lawsuit stem from chronic conditions that existed prior to when treatment began. Often, the statute of limitations for a medical malpractice lawsuit is extended over a period of years and the injuries may develop slowly.

In these cases, it is difficult to prove that one particular medical professional's breach of standard of care caused the injury. The attorney could have gathered evidence, such as medical records and expert testimony, that the injured patient can utilize.

During the discovery process, which is a component of the legal procedure prepping for trial, medical malpractice your lawyer can request disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is defending the case will be asked to take deposition. This is a testimony that is made under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated all the elements of the case which include breach of duty, breach and causation.

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 breached his or her professional obligations and that those breached duties caused injuries. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor has breached their professional duty by doing something that a reasonable and prudent doctor would not have done in the same circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or the proximate cause. A patient might go to the hospital in order to have a hernia fixed, and instead, have their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, also known as the statute of limitations, which varies by state. The person who suffered the injury must demonstrate that the treatment was substandard and caused injury, then they must show what compensation they deserve.

Damages

If medical negligence caused you to sustain an injury, you should be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties engage in discovery. This is where documents and evidence are made public under the oath. Medical records and the notes of a doctor are typically requested during discovery.

In the majority of states, to be eligible for compensation for injuries incurred through malpractice, you need to establish four elements such as a duty of care owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages caused by the injury. If your attorney can establish all of these elements, then you've got an excellent case for financial compensation in a medical malpractice claim.

In some cases the court can make punitive damages a possibility that is intended to punish the wrongdoer and discourage others from committing similar acts. But, this isn't often the case in medical malpractice cases as the courts require extremely precise proof of malice before they can give these extraordinary awards.