How to File a Medical Malpractice Case

A patient who finds that an object that is foreign, such as surgical clamps, remains in her body after gall bladder surgery could file a Syracuse Medical malpractice lawyer malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.

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

The reason for injury

A medical malpractice claim may be filed by the person who was injured or an attorney. Based on the circumstances, this could be the spouse of the patient or an adult child parent, guardian ad litem or the administrator or executor of the estate of the deceased patient. In a case involving medical malpractice, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health care professional.

Expert testimony is typically required in malpractice cases. Medical experts must provide evidence to prove that the healthcare provider performed his duties in accordance with the standard of care in their specific area of expertise. They also have to testify to the harm resulting from the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be quite severe. For instance, a wrong diagnosis of a medical condition could have life-threatening consequences. Other types of injuries can be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements of a malpractice lawsuit the duty owed to the patient by the physician or a breach of the duty; injury caused by the breach and the consequential damages. In certain states like New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements of medical malpractice cases. To establish causation the plaintiff must demonstrate that their injury was caused by the physician's negligence. This is a challenging task for several reasons.

Many injuries that are the basis of medical negligence lawsuits result from long-term conditions or ongoing conditions which were present before treatment began. The time period for filing a medical malpractice case can be extended over a period of time and the development of injuries can happen slowly.

In these instances, proving that a medical professional's breach of the standard of care and led to the injury is a challenge. The attorney could have gathered evidence, such as expert testimony and medical records which the injured patient may use.

During the discovery process, which is a component of the legal process for preparing for trial, your lawyer can request disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor defending the lawsuit will then be required to testify in a deposition, which is testimony under an oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will then decide if the plaintiff has established the necessary elements of their case including obligation, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice that it is more than likely that the doctor acted in violation of his or Syracuse Medical Malpractice Lawyer her responsibilities as a physician and that those mistakes led to injuries. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, in which statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor has violated their professional duty if they did something a reasonable and prudent doctor would not have done in similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation, or proxy causes. For instance when a patient is taken to the hospital for a hernia surgery and then has his or his gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a certain timeframe, also known as the statute of limitations. This differs from state-to-state. The person who suffered the injury must demonstrate that the treatment was substandard and caused injury, then they have to prove the amount of compensation they deserve.

Damages

You deserve to be compensated for any injuries 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 summons and complaint to all defendants named in the lawsuit. The parties engage in discovery. It is a process which involves the disclosure of documents and statements made public under the oath. During discovery, medical records and doctor's notes are typically requested.

In most states, you need to prove four things to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements, you have an excellent case for financial compensation in a claim for medical malpractice.

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