How to File a Medical Malpractice Case

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

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

Cause of Injury

A claim for medical malpractice lawyer malpractice can be filed by the person who suffered the injury or a legal representative. Based on the specific circumstances, this could be the spouse of the patient or an adult child parent, a guardian ad Litem or the administrator or executor of the estate of the deceased patient. In a case involving medical malpractice the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health care professional.

Malpractice cases usually require a lot of expert testimony. Medical experts must testify as to whether or whether the health professional adhered to the standards of treatment for their specific area. They must also testify as to the harm that was caused by the doctor's actions or inactions.

The consequences of malpractice and negligence can be quite severe. For instance, a wrong diagnosis of a health condition can have life-threatening consequences. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice case that include a duty owed to the patient by the doctor or a breach of the duty; an injury caused by the breach and resulting damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element is called the causation. It is among the most crucial elements in a medical malpractice claim. To establish causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This is a difficult job due to a variety of reasons.

For instance, many injuries that are the cause of a medical malpractice lawyers negligence lawsuit stem from long-term or ongoing ailments that were present before treatment began. The time period for filing a medical malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these cases it is necessary to prove that a medical professional's breach of the standard of care which led to the injury is not easy. However, the aggrieved patient could be able to use evidence collected by the attorney, like medical documents and expert testimony.

In the discovery process, which is a part of the legal process for preparation for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the case will be required to appear in a deposition. This is a declaration that's given under the oath. Your lawyer will be able to cross-examine doctor and challenge their findings. The jury will decide whether the plaintiff has established the facts of the case, including duty, breach and causation.

Negligence

If a claim for medical malpractice is filed, medical malpractice the plaintiff will have to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and those breached duties caused injuries. The attorney representing the plaintiff must be able to prove this by utilizing evidence collected during discovery. This involves soliciting documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, wherein statements are made under oath and recorded for use at trial, are also a part of this procedure.

A doctor has violated their professional obligation by doing something that a reasonable prudent physician would not have done in the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proxy causes. Patients may go to the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, called the statute of limitations which varies by state. The person who has suffered injury must prove that the substandard care caused injury and then he or she must prove how much monetary compensation they are entitled to.

Damages

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

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then begin discovery, a process in which documents and declarations are made public under the oath. During discovery, medical records and notes from a doctor will usually be requested.

In the majority of states, you have to demonstrate four elements in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of that duty; a causal link between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these elements of a medical negligence claim, you'll have an impressive case.

In certain instances the court could make punitive damages a possibility which is intended to punish the perpetrator and deter others from engaging in similar conduct. It is not common however, in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to award these extraordinary damages.