How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps in her body after gall bladder surgery may make a claim for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this obligation, 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.

Causes of Injury

A claim for medical malpractice can be filed by the victim or an attorney. Depending on the circumstances this may be the spouse of the patient, an adult child or parent, guardian ad-litem or executor or administrator of the estate of the patient who died. The defendant in a suit for medical negligence is the health care provider. This could be a nurse, doctor, therapist or any other health care professional.

Expert testimony is typically required in cases of malpractice. Medical experts are required to provide evidence to prove that the medical professional acted within the standard of care in his or her particular field of expertise. They must also testify to the harm that was caused by the actions or inactions of a doctor.

Injury caused by negligence and negligence can be very serious. For example, a mistake in the diagnosis of a health issue could cause life-threatening complications. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit that include a 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 in a case of malpractice.

Causation

The injury element, also known as causation, is among the most important elements of a medical malpractice case. To prove causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This is a challenging task for several reasons.

For example, many injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing conditions that were already in the process of being treated prior to. The time-limit for a medical malpractice law Firms malpractice case can be extended over a period of time, and injuries can develop slowly.

In these instances it can be difficult to prove that one particular medical professional's breach of standard of care led to the injury. The attorney could have gathered evidence, including expert testimony and medical records which the injured patient can utilize.

During the process of discovery, which is a part of the legal procedure for the preparation of a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be required to appear in a deposition. This is a testimonies that is given under oath. Your lawyer may cross-examine the doctor and challenge the doctor's findings. The jury will decide then if the plaintiff has proved the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and that the breaches caused injury. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath, and recorded for use at trial, are also part of this procedure.

A doctor violated his or her professional obligations when he/she did something that a reasonable prudent doctor would not do under the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For example, a patient goes to the hospital for a hernia surgery and then has his or the gall bladder removed instead. This is medical malpractice lawyer negligence since the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, referred to as the statute of limitations, that varies from state to state. The person who suffered the injury must prove that the negligent treatment caused injury, and then they must establish what compensation they deserve.

Damages

You are entitled to compensation for any injuries you have 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 the complaint and summons to all defendants named in the lawsuit. The parties engage in discovery. This is a process where documents and statements are disclosed under an oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, you must prove four things in order to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of the duty; a causal link between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can establish all of these elements, then you've got an argument for financial recovery in a claim for medical malpractice attorneys malpractice.

In some instances, medical malpractice Law firms the court may decide to award punitive damages which is intended to punish the wrongdoer and discourage others from committing similar acts. This is rare however, especially in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to give these extraordinary damages.