How to File a Medical Malpractice Case

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

It is crucial for our clients to establish a direct connection between the breach of duty and the injury which is referred to as proximate cause.

Causes of Injury

A medical negligence case may be filed by the injured person or a person legally designated to represent them. This could be a spouse or adult child parent, guardian, or administrator of a deceased patient's estate depending on the specific circumstances. The plaintiff in a medical malpractice suit is the health professional. It could be an accredited doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts must be able to testify that the health care provider performed his duties in accordance with the standard of care in their specific field of expertise. They must also testify regarding the injury that was caused by the physician's actions or actions or.

The consequences of malpractice and negligence can be very serious. A misdiagnosis could have grave consequences, including a life-threatening condition. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim that include a duty owed to the patient by the physician; a breach of this duty; an injury caused by the breach and the resulting damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element is also known as the causation. It is one of most important elements in a medical malpractice claim. To establish causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This can be a difficult task for several reasons.

Many of the injuries that are the basis of medical negligence lawsuits result from long-term or ongoing conditions which were present before treatment began. Often, the statute of limitations for a medical malpractice lawsuit is extended over a period of years, and the injuries may develop slowly.

In these situations, it is difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. However, the aggrieved patient could be able to use the evidence gathered by the attorney, such as medical records and expert testimony.

During the discovery process, which is an integral part of the legal process for getting ready for trial, your lawyer may ask for the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is defending the lawsuit will then be asked to testify during depositions, which are testimony that is under the oath. Your lawyer is able to cross-examine doctor and contest the doctor's findings. The jury will decide whether the plaintiff has established that the allegations of the case are true, including duty, breach and causation.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice lawyers malpractice in court, that it is more than likely that the doctor violated his or her duties as medical professional and that these mistakes led to injuries. The plaintiff's lawyer must be able to prove this by utilizing evidence gathered during pretrial discovery. This involves soliciting documents, including medical records, from all parties involved in the lawsuit. Depositions, in which statements are made under oath, and recorded to be used at trial, are also a part of this process.

A doctor has violated the professional duties of a doctor if he or she did something that a reasonable prudent doctor would not do in the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. A patient may go to the hospital in order to have a hernia repaired, and instead, have their gall bladder removed. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally regulated time frame, known as the statute of limitations which varies according to the state. The patient who is injured must prove that the care provided was substandard and resulted in injury, and then show how much compensation he or her deserves.

Damages

If medical negligence caused you to suffer injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your loss.

The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then proceed to discovery, a process in which documents and statements are disclosed under oath. During discovery, medical records and notes from a doctor are typically requested.

In most states, you need to prove four things to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal link between the breach and the patient's injury and damages resulting from the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you'll have an impressive case.

In certain instances, the court may give punitive damages that is designed to punish the perpetrator and discourage others from committing similar misconduct. However, this is rare in medical malpractice cases since courts require evident proof of malice in order to make these extraordinary awards.