How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps inside her body following gall bladder surgery can sue for greenwood medical malpractice law firm negligence. A successful claim has to prove the elements of medical negligence: duty, deviation from this duty and the direct cause.

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

Cause of Injury

A medical malpractice case can be filed by the injured patient or a person legally designated to act on their behalf. Depending on the circumstances this may be the spouse of the patient or an adult child, parent, guardian ad litem, or the executor or administrator of the estate of the deceased patient. The plaintiff in a lawsuit for medical malpractice is the health professional. It could be an accredited nurse, doctor or therapist.

Expert testimony is typically required in malpractice cases. Medical experts must determine if the doctor acted within the standard of care in their specific area of expertise. They must also testify as to the harm that was caused by the doctor’s actions or inactions.

The consequences of negligence and mistakes can be devastating. For example, a mistake in the diagnosis of a health problem could have life-threatening consequences. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements of a malpractice lawsuit: a duty owed to the patient by the physician and a breach of this duty; an injury caused by the breach and the consequential damages. In certain states, such as New York, the law restricts the amount of money that could be awarded in an action for malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements of medical malpractice cases. To establish causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This is a challenging task due to a variety of reasons.

Many of the injuries that are the basis for a medical negligence lawsuit result from long-term illnesses or issues that existed before treatment started. The statute of limitations on a medical malpractice case can be extended over several years and injuries can develop slowly.

In these cases it is difficult to prove that a medical professional's breached the standard of care and led to the injury is not easy. However, the aggrieved patient might be able use evidence gathered by the attorney, like medical records and expert testimony.

In the discovery process which is an element of the legal process for the preparation of a trial your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit is then called to testify during depositions, which are testimony that is 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 which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice, Medical Malpractice that it is likely that the physician violated the obligations of medical professional and that these breaches resulted in injury. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded for use at trial, are also 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 reasonable prudent doctor would not do under the same circumstances. It must be proved that the breach caused injury directly to the patient. This is referred to as causation or proximate cause. A patient could visit the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, referred to as the statute of limitations which varies according to the state. The injured patient must establish that the negligent care caused injury, and then show how much compensation they are entitled to.

Damages

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

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties participate in discovery. It is a process where documents and statements are made public under an oath. During discovery medical records and doctor's notes are typically requested.

In most states, you must establish four elements to be compensated for injuries incurred by medical malpractice (Keep Reading) which includes a duty to the healthcare provider; a breach of that duty; a causal link between the breach and the patient's injury and the damages that result from the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you'll have a strong case.

In some instances, a court may award punitive damages, which are intended to penalize the culprit and deter others from committing the same offense. However, this is rare in medical malpractice cases, as courts require evident proof of malice in order to give these extraordinary awards.