How to File a Medical Malpractice Case

A patient who discovers that a foreign object, such as surgical clamps, remain inside her body after 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, deviance from this duty, direct cause and injury.

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

The reason for injury

A medical malpractice claim can be filed by the injured person or a person legally designated to act on their behalf. Depending on the circumstances it could be the spouse of the patient or an adult child, parent, a guardian ad litem or the administrator or executor of the estate of the deceased patient. In a case of medical malpractice, the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

Malpractice cases usually require the testimony of experts. Medical experts must provide evidence to prove that the healthcare provider acted within the standard of care in their special area of expertise. They must also testify regarding injuries caused by doctor's actions or inactions.

The consequences of malpractice and negligence can be quite severe. For example, a mistake in the diagnosis of a medical condition could have life-threatening effects. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

To establish a malpractice claim, the patient must prove four legal elements: a duty the doctor owed them; a breach in the breach; a resulting injury; and damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is one of the most important elements of medical malpractice cases. To prove causation, a plaintiff must show that they suffered an injury on the basis of probabilities as a result of the negligence of the doctor. This is a challenging task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing ailments that were in the process of being treated prior to. Often the statute of limitation for a medical malpractice lawyer malpractice claim extends over a variety of years, and the injuries may develop slowly.

In these cases the proof that a medical professional's breached the standard of care and led to the injury is difficult. However, the person who was harmed might be able use the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is a component of the legal procedure for getting ready for trial, your lawyer will seek disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is defending the lawsuit is then required to testify in depositions, which are testimony that is under the oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has substantiated the elements of the case, including duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff has to convince the jury that it was more likely than not that the doctor violated professional obligations and that those breached duties caused injuries. The plaintiff's attorney must demonstrate this through evidence gathered during pretrial discovery. This involves soliciting documents, including medical records as well as other documents from all parties in the lawsuit. The process also involves sworn statements that are recorded and used in trial.

A doctor attorneys has breached their professional duty by doing something that a reasonable prudent physician would not have done in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is known as causation or the proximate cause. A patient may visit a hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice suits must be filed within the legal timeframe, also known as the statute of limitations. This is different from state to state. The victim must prove that the care provided was substandard and caused injury, and then demonstrate the amount of compensation he or her deserves.

Damages

If medical negligence caused you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties participate in discovery. This is a process in which documents and declarations are presented under an oath. Medical records and the notes of a doctor are typically requested during discovery.

In most states, you have to demonstrate four elements in order to be compensated for injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the duty; a causal link 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 these aspects of a medical negligence claim, you'll have an impressive case.

In some instances the court might decide to award punitive damages that is designed to punish a wrongdoer, and deter others from engaging in similar conduct. It is not common however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to decide to award these extraordinary damages.