How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body like surgical clamps, remains inside her body after gall bladder surgery may bring a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviation from the norm and direct reason.

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

The reason for injury

A medical malpractice lawsuit can be filed by the person who has been injured or a legal person to act on their behalf. Based on the specific circumstances, this could be a spouse of the patient or an adult child parent, guardian ad-litem or administrator or executor of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts must testify as to whether or whether the healthcare provider followed the standard of care for their particular field. They also have to testify about the harm caused by the doctor's actions or inactions.

The consequences of negligence and malpractice can be severe. For example, a misdiagnosis of a health condition can have life-threatening effects. Other types of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

To prove a malpractice case the patient has to prove four legal elements: a duty that the doctor owed to them; a breach of this duty; a resultant injury and damages. In some states, such as New York, the law restricts the amount of money that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element, also known as causation, medical malpractice is among the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This can be a difficult job due to various reasons.

Many of the injuries that are the basis for a medical negligence suit result from chronic issues that existed before treatment started. The time limit for a medical malpractice lawsuit can be extended over the course of several years and the development of injuries can happen slowly.

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

During the process of discovery that is part of the legal process preparation for a trial, your attorney can request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit is then asked to testify during depositions, which are testimony given under the oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has substantiated the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice that it is more than likely that the doctor violated his or her obligations as medical professional and that these actions led to injury. The plaintiff's attorney must prove this by using evidence gathered during discovery. This involves soliciting documents, including medical records, from all parties involved in a lawsuit. Depositions, in which the statements are made under oath and recorded for use at trial, are also part of this process.

A doctor was in breach of the professional duties of a doctor when he or she did something that a prudent doctor would not do under similar circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. A patient may visit the hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legal timeframe, also known as the statute of limitations. This varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, and then they have to prove the amount of compensation they deserve.

Damages

If a medical error has caused you to suffer a traumatic injury, you deserve to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation for your loss.

The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties participate in discovery. This is a procedure in which documents and declarations are made public under oath. During discovery, medical records and doctor's notes will usually be requested.

In the majority of states, to get compensation for injuries caused through malpractice, you need to establish four elements such as a duty of care that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and injury; and damages resulting from the injury. If your lawyer can prove all of these elements, you can make a an argument for financial compensation in a claim for medical malpractice.

In some cases, the court may make punitive damages a possibility which is intended to punish the perpetrator and discourage others from committing similar crimes. This is not the norm however, particularly in medical malpractice cases. The courts must be able to prove evidence of malice before they can award these extraordinary damages.