How to File a Medical Malpractice Case

A patient who finds that an object that is foreign like surgical clamps, is still inside her body following gall bladder surgery could pursue a medical malpractice law firms malpractice suit. A successful claim must demonstrate 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.

Cause of Injury

A medical malpractice case can be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. Depending on the circumstances this could be a spouse of the patient or an adult child parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. The plaintiff in a medical malpractice lawsuit is the health professional. This could be a licensed doctor, nurse or therapist.

Malpractice cases usually require an abundance of expert testimony. Medical experts are required to testify on whether or the medical professional followed the standard of care for their particular field. They also have to testify to the harm resulting from the actions or inactions of a doctor.

The consequences of negligence and medical malpractice negligence can be very serious. An incorrect diagnosis can lead to serious consequences, such as the possibility of a life-threatening illness. Other types of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

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

Causation

The injury element is also called the causation. It is one of the most crucial elements in a medical negligence claim. To establish causation the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This can be a challenging job due to a variety of reasons.

Many injuries that are the basis of a medical negligence lawsuit result from long-term illnesses or conditions that existed prior to when treatment started. The time limit for a medical malpractice lawsuit can be extended for a number of years and the development of injuries can happen slowly.

In these cases it can be difficult to prove that one particular medical professional's violation of the standard of care caused the injury. However, the patient who is afflicted could be able to use evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer may request disclosure of expert testimony and other evidence from defendants' attorneys. The doctor who is defending the case will be required to give a deposition. This is a declaration that is given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice lawyers malpractice in court, that it is likely that the doctor did not fulfill his or her duties as a physician and that those mistakes led to injuries. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded to be used at trial, are also a part of this procedure.

A doctor has violated their professional duty in the event that they did something reasonable and prudent doctors would not have done in the same circumstances. It must be proved that the breach resulted in injury directly to the patient. This is known as causation or proximate causes. A patient could visit a hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legal time limit, known as the statute of limitations. This differs from state-to-state. The victim must prove that the negligence caused injury and then prove the amount of financial compensation they are entitled to.

Damages

If medical negligence has led you to suffer a traumatic injury, you should be made whole. 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 engage in discovery, a procedure in which documents and statements are disclosed under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, in order to receive compensation for injuries sustained by negligence, you must to prove four things including a duty of good faith that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages caused by the injury. If your attorney can prove all of these aspects of a medical negligence claim, you will have an impressive case.

In certain instances the court can give punitive damages that is intended to punish the wrongdoer and deter others from engaging in similar crimes. However, this is not the norm in medical malpractice cases, since courts require precise proof of malice before they can give these extraordinary awards.