How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps in her body after gall bladder surgery could sue for medical negligence. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from the duty, and direct reason.

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

Causes of Injury

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

Expert testimony is often required in cases of malpractice. Medical experts are required to testify as to whether the doctor was acting in accordance with the standards of medical care within their specific area of expertise. They must also testify as to the harm resulting from the actions or inactions of the doctor.

The consequences of negligence and negligence can be very serious. A misdiagnosis could have grave consequences, including life-threatening conditions. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to prove a malpractice case the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach in this duty, resulting injury and damages. In certain states like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one the most important aspects of a medical malpractice case. To establish causation the plaintiff must prove that their injury was caused by a physician's negligence. This is a difficult task due to a variety reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing illnesses that were present prior to treatment. Often the statute of limitation for a medical negligence claim is extended over a period of years, and injuries can develop gradually.

In these instances the proof that a medical professional's failure to adhere to the standard of care which led to the injury can be difficult. The attorney could have gathered evidence, including expert testimony and medical malpractice law firms records that the injured person may use.

During the discovery process as part of the legal process the preparation of a trial your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit is then asked to give evidence during deposition, which is testimony that is under the oath. Your lawyer will be able to cross-examine doctor and contest their conclusions. The jury will decide whether the plaintiff has substantiated all the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice, that it is likely that the physician violated his or her duties as physician and that the breaches resulted in injury. The plaintiff's lawyer must demonstrate this through evidence collected during discovery. This involves soliciting documents, including medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath, medical malpractice Lawsuits and recorded for trial, are also a part of this process.

A doctor has breached their professional obligation in the event that they did something reasonable and prudent doctors would not have done in similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation, Medical malpractice lawsuits or proxy causes. For example, a patient goes to the hospital for a hernia procedure and then has his or the gall bladder removed instead. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, also known as the statute of limitations that varies from state to state. The victim must prove that the care provided was substandard and caused injury, and then prove the amount of financial compensation he or her deserves.

Damages

If medical negligence has caused you to suffer injury, you deserve to be made whole. 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 along with summons and other papers on all defendants. The parties engage in discovery. This is where documents and evidence are revealed under an oath. Medical records and the doctor's notes are typically requested during discovery.

In many states, to get compensation for injuries caused by malpractice, you need to prove four things: a duty of care that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury; and damages that result from the injury. If your lawyer can prove all these elements in a medical negligence claim, you will have an enviable case.

In certain cases, the court may award punitive damage, which is meant to punish the perpetrator and deter others from engaging in similar crimes. This is rare however, in medical malpractice cases. The courts must have very clear evidence of malice before they may award these extraordinary damages.