How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, is still inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.

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

Causes of Injury

A medical malpractice lawsuit can be initiated by the patient who was injured or a person legally designated to represent them. Based on the specific circumstances, it could be the spouse of the patient or an adult child parent, a guardian ad-litem or administrator or executor of the estate of the patient who died. In a case of medical malpractice the defendant is the health care provider. It could be a licensed nurse, doctor or therapist.

Malpractice cases usually involve a lot of expert testimony. Medical experts are required to testify as to whether the healthcare provider acted within the standard of treatment in their specific field of expertise. They must also testify as to the harm that was caused by the doctor’s actions or inactions.

Injuries caused by negligence and malpractice can be severe. An incorrect diagnosis can lead to serious consequences, including the possibility of a life-threatening illness. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

To prove a malpractice claim the patient must prove four legal elements: a duty that the physician owed to them; a breach in this duty; a subsequent injury and damages. In some states, such as New York, the law puts a limit on amount that can be awarded in 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 prove that they sustained the injury on a balance of probabilities due to due to the negligence of the doctor. This is a difficult task due to a variety of reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing conditions that were present before treatment began. Often the statute of limitations for a medical negligence claim extends over a variety of years, and injuries can develop gradually.

In these cases it can be difficult to prove that a particular medical malpractice lawyers professional's breach of standard of care led to the injury. However, the aggrieved patient could be able to make use of evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is a part of the legal process for getting ready for trial, your lawyer will seek disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is representing the case will be required to appear in a deposition. This is a statement that is given under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice, that it is likely that the doctor violated the obligations of a physician and that those violations caused injury. The plaintiff's lawyer must demonstrate this using evidence gathered during discovery. This involves seeking documents, such as medical records as well as other documents from all parties 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 in the event that he or her did something that a reasonably prudent physician would not do under similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is known as causation or attorneys proximate causes. For attorneys instance an individual goes to the hospital for a hernia procedure and ends up having his or the gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally prescribed 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, then they must prove what monetary compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can help you receive full and fair compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties engage in discovery. This is which involves the disclosure of documents and statements disclosed under oath. During discovery, medical records and doctor's notes will typically be sought.

In many states, to receive compensation for injuries caused by malpractice, you have to establish four elements including a duty of good faith owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resulting from the injury. If your attorney can establish all of these elements, you have an excellent case for financial compensation in a medical malpractice case.

In certain instances, a court may decide to award punitive damages. These are intended to punish the wrongdoer and deter others from committing the same offense. However, this is not the norm in medical malpractice cases, because the courts require evident proof of malice in order to give these extraordinary awards.