How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps inside her body after gall bladder surgery may make a claim for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

A medical negligence case may be filed by the injured person or a person legally designated to act on their behalf. It could be the spouse, adult child parent, guardian, or administrator of the estate of a deceased person, based on the circumstances. In a medical negligence case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health professional.

Malpractice cases typically involve the testimony of experts. Medical experts are required to provide evidence to prove that the healthcare provider did what was required of care in their specific area of expertise. They must also testify as to the damage caused by the actions or inactions of the doctor.

The injuries that result from malpractice and negligence can be very serious. For instance, a wrong diagnosis of a health issue could cause life-threatening complications. Other types of injuries could 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 claim 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 consequential damages. In some states, such as New York, the law sets a limit on the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also known as causation, is one of the most important elements of a medical malpractice case. To prove causation, a plaintiff must show that they suffered an injury based on a balance of probabilities due to of the negligence of a physician. This is a difficult task due to a variety of reasons.

Many of the injuries that form the basis for a grand prairie medical malpractice lawsuit negligence suit result from long-term illnesses or conditions which were present before treatment began. The time limit for medical malpractice cases can be extended over a period of time and injuries can develop slowly.

In these instances it is difficult to prove that a medical professional's violation of the standard of care and led to the injury is not easy. The attorney could have gathered evidence, like expert testimony and washington medical malpractice Attorney records that the injured person can utilize.

During the discovery process, which is a part of the legal process for getting ready for trial, your lawyer will request the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the case will be asked to testify in a deposition. This is a testimony that is given under an oath. Your lawyer can cross-examine the doctor and contest the doctor's findings. The jury will decide whether the plaintiff has substantiated all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury in a case of medical malpractice that it is more than likely that the doctor did not fulfill the obligations of a doctor and that these mistakes led to injuries. The plaintiff's attorney must be able to prove this by utilizing evidence gathered during discovery. This involves the request of documents, including medical records and other records from all parties in a lawsuit. Depositions, in which the statements are made under oath, and recorded for trial, are also part of this procedure.

A doctor has breached their professional duty when they did something that a reasonable and prudent doctor would not have done under similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is called causation or the proximate cause. A patient may visit the hospital to repair a hernia but end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a certain time limit, known as the statute of limitations. This varies from state to state. The person who has suffered injury must prove that the substandard care resulted in injury, and then he or she must prove the amount of financial compensation he or she deserves.

Damages

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

The first step in a lawsuit is to make a complaint and serve it, washington medical malpractice attorney summons and other documents on all defendants. The parties then begin discovery, in which documents and statements are revealed under the oath. Medical records and the notes of a doctor are typically requested during discovery.

In most states, in order to receive compensation for injuries caused by negligence, you must to establish four elements including a duty of good faith due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages that result from the injury. If your attorney can establish all of these elements, you can make a an excellent case for financial recovery in a medical negligence claim.

In certain cases the court can award punitive damages, which are designed to punish the offender and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases, since courts require evident proof of malice in order to make these extraordinary awards.