How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps in her body after gall bladder surgery could bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause and medical malpractice law Firm injury.

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

Cause of Injury

A medical negligence case may be filed by the person who has been injured or a person legally designated to represent them. It could be the spouse, medical Malpractice law firm adult child or parent, guardian or administrator of the estate of a deceased patient, based on the circumstances. The plaintiff in a medical malpractice lawsuit is the health professional. This could be a doctor, nurse, therapist or any other licensed health care professional.

Malpractice cases usually involve many expert witnesses. Medical experts must testify as to whether or the medical malpractice law firm professional was in compliance with the standard of care for their particular area of expertise. They also have to testify to the damage caused by the actions or inactions of the doctor.

Injuries resulting from malpractice and negligence can be extremely serious. A misdiagnosis could have grave consequences, like life-threatening conditions. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice claim which include a duty to the patient by the physician or a breach of the duty; injury caused by the breach and the consequential damages. In some states, like New York, the law places a limit on the amount that can be awarded for a malpractice claim.

Causation

The injury element is called the causation. It is among the most crucial elements in a medical malpractice attorney negligence claim. To prove causation, the plaintiff must prove that their injury was caused by 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 medical negligence lawsuits result from long-term conditions or ongoing conditions that existed prior to when 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 instances the proof that a medical professional's violation of the standard of care that led to the injury can be difficult. However, the aggrieved patient may be able to use evidence gathered by the attorney, including medical records and expert testimony.

In the discovery process that is part of the legal process the preparation of a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will be called to testify during depositions, which are testimony given under the oath. Your lawyer is able to cross-examine doctor and challenge their findings. The jury will decide whether the plaintiff has established the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice to show that it is more likely that the doctor violated his or her duties as physician and that the breaches resulted in injury. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which entails the disclosure of documents, including medical records from all parties who are involved in the lawsuit. This process also includes the recording of sworn statements and used in trial.

A doctor has violated their professional obligation by doing something that an ordinary prudent doctor would not have done under the same circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate cause. Patients may go to the hospital in order to have a hernia repaired, and instead, have their gall bladder removed. This is medical negligence as the removal 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 is different for each state. The injured patient must establish that the care provided was substandard and caused injury, and then he or she must demonstrate the amount of compensation he or she is entitled to.

Damages

If medical Malpractice Law firm negligence has caused you to sustain an injury, you deserve to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then begin discovery, in which documents and statements are made public under oath. During discovery, medical records and notes from a doctor will typically be sought.

In most states, in order to receive compensation for injuries caused through malpractice, you need to prove four things: a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages that result from the injury. If your lawyer can prove all these elements in a medical negligence claim, you will have a strong case.

In certain instances, courts can make punitive damages available, which are intended to punish the culprit and deter others from engaging in the same conduct. But, this isn't often the case in medical malpractice cases, as courts require precise proof of malice before they can give these extraordinary awards.