How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body, medical malpractice lawsuit such as surgical clamps, remains inside her body following gall bladder surgery may pursue a medical malpractice suit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.

It is vital for our clients to establish a direct causal connection between the breach of duty and the damage that is known as proximate causation.

Cause of Injury

A medical malpractice lawsuit can be filed by the person who was injured or a legal representative. This could be a spouse, adult child guardian, parent or administrator of an estate belonging to a deceased patient, depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is often required in cases of malpractice. Medical experts are required to testify on whether or not the health care provider adhered to the standards of care for their particular field. They must also testify about the injury that was caused by the doctor's actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. For example, a mistake in the diagnosis of a health issue could cause life-threatening complications. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice claim that include a duty owed to the patient by the doctor and a breach of that duty; injury caused by the breach; and resulting damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded for an action for malpractice.

Causation

The injury element is also called the causation. It is one of the most crucial aspects in a medical malpractice claim. To prove causation the plaintiff must demonstrate that they sustained their injury based on a balance of probabilities because 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 conditions or ongoing illnesses that existed before treatment started. The time-limit for a medical malpractice case could be extended over several years and injuries can develop slowly.

In these situations it is often difficult to prove that a specific medical professional's failure to adhere to the standard of care led to the injury. The attorney could have gathered evidence, like expert testimony and medical records, that the injured patient can use.

During the discovery process, which is a component of the legal process for preparing for trial, your lawyer could request the disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the lawsuit will then be required to testify in a deposition, which is testimony given under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the necessary elements of their case, including the duty of care, breach, causation and injury.

Negligence

When a medical negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and those breaches caused injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath, and recorded for trial, are also a part of this process.

A doctor has violated his or her professional obligations when he/she did something that a reasonable prudent physician would not do in similar circumstances. However it must be established that the breach directly caused injury to the patient. This is known as causation or proximate cause. A patient could go to the hospital in order to have a hernia fixed, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

medical malpractice attorney malpractice lawsuits must be filed within a certain time frame, also known as the statute of limitations. This differs from state-to-state. The person who has suffered injury must prove that the care provided was substandard and resulted in injury, and then he or she must demonstrate the amount of compensation he or she is entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your losses.

The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties then engage in discovery, medical malpractice lawsuit a process by which documents and statements are disclosed under an oath. Medical records and the notes of the doctor are usually requested during discovery.

In the majority of states, you need to prove four things to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all these elements of a medical negligence claim, you will have an enviable case.

In certain instances, courts can make punitive damages available, which are intended to penalize the offender and deter others from engaging in similar misconduct. It is not common however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they are able to make these extraordinary awards.