How to File a Medical Malpractice Case

A patient who finds that a foreign object like surgical clamps, remains in her body following gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, medical malpractice lawsuit deviation from this duty, direct causes, and injury.

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

The reason for injury

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

Malpractice cases usually require the testimony of experts. Medical experts must testify as to whether the health care provider did what was required of medical care within their specific field of expertise. They also have to testify about the harm caused by the doctor's actions or actions or.

Injuries that result from malpractice or negligence can be extremely serious. For instance, a wrong diagnosis of a medical condition could have life-threatening effects. Other kinds of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

To establish a malpractice claim, the patient must prove four legal elements: a duty that the doctor owed them; a breach in this duty; a subsequent injury and medical malpractice lawsuit damages. In certain states, such as New York, the law sets a limit on the amount that can be awarded for the malpractice claim.

Causation

The element of injury is called the causation. It is one of the most important aspects in a medical malpractice claim. To prove causation the plaintiff must demonstrate that they suffered their injury on the balance of probabilities due to of the negligence of a physician. This can be a challenging task due to a variety reasons.

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were present before treatment began. Often the statute of limitations for a medical malpractice lawyer malpractice lawsuit extends over a variety of years, and the injuries can develop gradually.

In these instances the proof that a medical professional's breached the standard of care which led to the injury is not easy. However, the aggrieved patient could be able to use the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is a part of the legal procedure for prepping for trial, your lawyer will seek disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is defending the lawsuit will be called to testify during deposition, which is testimony that is under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the essential elements of their case such as the duty of care, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor violated professional duties and that the breaches resulted in harm. The plaintiff's lawyer has to show this through evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties involved in the lawsuit. The process also involves swearing statements that are recorded and used in trial.

A doctor has violated the professional duties of a doctor when he/she did something that a reasonably prudent doctor 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 proxy causes. A patient might go to the hospital to repair a hernia, however, they 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 lawsuits must be filed within the legal time limit, known as the statute of limitations. This differs from state-to-state. The victim must show that the inadequate treatment caused injury, then they have to prove the amount of compensation they deserve.

Damages

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

The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties participate in discovery. It is a process which involves the disclosure of documents and statements revealed under an oath. Medical records and the doctor's notes are typically requested during discovery.

In most states, you have to establish four elements to be compensated for injuries incurred by medical malpractice: a duty owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you'll have an impressive case.

In certain instances the court could give punitive damages that is designed to punish the perpetrator and discourage others from committing similar conduct. But, this isn't often the case in medical malpractice cases, since courts require evident proof of malice in order to give these extraordinary awards.