How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body 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 prove the elements of medical malpractice: duty, deviation from the norm and direct reason.

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

Causes of Injury

A medical malpractice lawsuit can be initiated by the patient who was injured or a person legally designated to represent them. This could be a spouse, adult child or parent, guardian or administrator of the estate of a deceased person, depending on the circumstances. The plaintiff in a lawsuit for medical malpractice is the health care provider. This could be a doctor, nurse, therapist or any other health professional.

The majority of cases involving malpractice involve a lot of expert testimony. Medical experts are required to testify on whether or not the health care provider adhered to the standards of care in their specific field. They also have to testify to the harm that was caused by the doctor’s actions or inactions.

The consequences of malpractice and negligence can be extremely serious. For example, a mistake in the diagnosis of a health condition can have life-threatening consequences. Other kinds of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

To establish a malpractice case, 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, like New York, the law restricts the amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important elements in a medical malpractice case. To prove causation, a plaintiff must demonstrate that they sustained their injury on a balance of probabilities as a result of the physician's negligence. This can be a difficult task due to a variety of reasons.

Many of the injuries that form the basis for a medical negligence lawsuit stem 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 can develop gradually.

In these cases it is necessary to prove that a medical professional's breached the standard of care which led to the injury is difficult. The attorney may have collected evidence, such as medical records and expert testimony that the injured person can utilize.

In the discovery process that is part of the legal process preparing for a trial, your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will be required to testify in deposition, which is the testimony under an oath. Your lawyer is able to cross-examine doctor and challenge their findings. The jury will then decide if the plaintiff has established the necessary elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice in court, that it is likely that the doctor did not fulfill his or her responsibilities as medical professional and that these actions led to injury. The plaintiff's lawyer must be able to prove this by utilizing evidence gathered during discovery. This includes seeking documents, such as medical records and other records from all parties in a lawsuit. Depositions, where statements are made under oath and recorded for trial, are also part of this process.

A doctor violated his or her professional obligation when he or she did something that a reasonably prudent doctor would not do in similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proxy causes. A patient could visit a hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, referred to as the statute of limitations which varies according to the state. The victim must show that the inadequate treatment caused injury, then they must establish what compensation they deserve.

Damages

If medical negligence has caused you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then participate in discovery, a process in which documents and declarations are made public under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, you have to establish four elements to be compensated for medical malpractice any injuries caused by medical malpractice lawyer malpractice: a duty owed by the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, you can make a an excellent case for financial compensation in a medical negligence claim.

In some instances courts may make punitive damages available, which are intended to punish the wrongdoer and deter others from engaging in the same conduct. This is rare however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they may award these extraordinary damages.