How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her, such as surgical clamps, is still inside her body following gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must prove the elements of medical malpractice: duty, deviance from the norm and direct reason.

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

Cause of Injury

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

Malpractice cases usually require many expert witnesses. Medical experts must be able to testify that the medical professional acted within the standard of medical care within their specific field of expertise. They must also testify to the harm that was caused by the actions or inactions of the doctor.

Injury caused by negligence and malpractice can be severe. An incorrect diagnosis can lead to serious consequences, like an illness that could be life-threatening. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements in a malpractice claim the duty owed to the patient by the doctor and a breach of this duty; injury caused by the breach; and resulting damages. In some states, such as New York, the law puts a limit on amount that can be awarded in the malpractice claim.

Causation

The injury element is also called the causation. It is among the most crucial elements in a medical malpractice claim. To prove causation, a plaintiff must demonstrate that they suffered their injury on the balance of probabilities due to of the physician's negligence. This can be a challenging job due to a variety of reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were already present prior to the time of treatment. The time period for filing a medical malpractice case can be extended over several years and injuries may develop slowly.

In these instances it is often difficult to prove that a specific medical professional's failure to adhere to the standard of care led to the injury. However, the patient who is afflicted might be able use the evidence gathered by the attorney, like medical records and expert testimony.

During the discovery procedure, which is a part of the legal procedure for preparation for a trial, your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will then be called to testify during a deposition, which is testimony given under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the essential elements of their case, including duty, breach, causation and injury.

Negligence

When a medical malpractice claim 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 that those breaches caused injuries. The plaintiff's lawyer has to demonstrate this with evidence gathered through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath, and recorded for trial, are also a part of this process.

A doctor was in breach of his or her professional duty when he/she did something that a prudent physician would not do in the same circumstances. It must be proved that the breach caused the injury directly to the patient. This is known as causation or proximate causes. A patient might visit the hospital to repair a hernia 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 filed within a legally prescribed period of time, also known as the statute of limitations, medical malpractice which is different for each state. The victim must show that the inadequate treatment caused injury, and then they must prove what monetary compensation they're entitled to.

Damages

If medical negligence has led you to sustain an injury, you should be made whole. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your losses.

The first step is filing and serving a summons and complaint to all defendants named in the lawsuit. The parties are involved in discovery. This is where documents and statements are presented under an oath. During discovery medical records and doctor's notes will typically be sought.

In most states, you have to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that obligation; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these elements, you will have a strong case for financial recovery in a medical negligence claim.

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