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 after gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must prove the elements of medical negligence: duty, deviation from this duty and direct reason.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the damage, known as proximate causation.

Causes of Injury

A medical malpractice lawsuit can be filed by the person who has been injured or a person who is legally authorized to represent them. It could be the spouse, adult child parent, guardian, or administrator of the estate of a deceased person depending on the circumstances. In a medical malpractice attorneys (Related Web Page) malpractice case, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health professional.

Malpractice cases usually involve the testimony of experts. Medical experts must be able to prove whether or the medical professional was in compliance with the standard of care for their particular area of expertise. They also have to testify to the harm caused by the doctor’s actions or inactions.

The consequences of malpractice and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, such as life-threatening conditions. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

In order to establish a malpractice claim, the patient must prove four legal elements: a duty that the physician owed to them; a breach in this duty, resulting injury; and damages. In some states such as New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The element of injury is called the causation. It is one of most important elements in a medical negligence claim. To establish causation the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This is a challenging task for several reasons.

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

In these cases it can be difficult to prove that a specific medical professional's breach of standard of care led to the injury. However, the patient who was hurt might be able use evidence collected by the attorney, such as medical records and expert testimony.

During the discovery process, which is part of the legal procedure preparing for trial, your lawyer may ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is representing the case will be asked to give deposition. This is a declaration that is made under an oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven all the elements of the case, including duty, breach and causation.

Negligence

If a claim for medical malpractice is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breaches resulted in injury. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. Depositions, Medical malpractice attorneys wherein statements are made under oath, and recorded for trial, are also a part of this procedure.

A doctor breached the professional duties of a doctor in the event that he or her did something that a prudent doctor would not do under the same circumstances. It must be proved that the breach caused injury directly to the patient. This is known as causation or proximate causes. A patient could visit a hospital to have a hernia fixed, but instead end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally-defined time frame, known as the statute of limitations that varies from state to state. The injured patient must establish that the negligent care caused injury, and then demonstrate the amount of compensation he or her deserves.

Damages

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

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties are involved in discovery. This is where documents and statements are made public under the oath. Medical records and the doctor's notes are typically requested during discovery.

In the majority of states, you must demonstrate four elements in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, then you've got an extremely strong case for financial compensation in a medical malpractice case.

In certain cases the court might make punitive damages a possibility which is intended to punish the wrongdoer and deter others from engaging in similar crimes. It is not common however, in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to award these extraordinary damages.