How to File a Medical Malpractice Case

A patient who discovers an object that is foreign like surgical clamps, remains inside her body after gall bladder surgery may bring a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Causes of Injury

A medical malpractice lawsuit can be filed either by the victim or a legal representative. Depending on the circumstances this could be the spouse of the patient or an adult child, parent, a guardian ad-litem or 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 doctor, nurse, therapist or any other licensed health professional.

The majority of cases involving malpractice involve 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 must also testify to the harm that was caused by the doctor's actions or inactions.

Injuries caused by negligence and negligence can be very serious. For example, a mistake in the diagnosis of a health problem could cause life-threatening complications. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

To prove a malpractice case the patient must prove four legal elements: a duty the physician owed to them; a breach of this duty; a resultant injury; and damages. In certain states like New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element, also known as causation is one of the most important aspects of a medical malpractice case. To establish causation the plaintiff must prove that their injury was caused by the physician's negligence. This can be a challenging task due to a variety of reasons.

Many of the injuries that form the basis for a medical negligence suit result from long-term illnesses or issues that existed before treatment started. Often the statute of limitation for a medical malpractice claim extends out over a number of years, and injuries may develop slowly.

In these instances the proof that a medical professional's breach of the standard of care that led to the injury can be difficult. The attorney could have gathered evidence, like medical records and expert testimony that the patient who was injured could use.

In the discovery process that is part of the legal process the preparation of a trial your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to take deposition. This is a declaration which is under an oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide then if the plaintiff has proved the essential elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

When a medical negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breached duties caused harm. The plaintiff's lawyer must demonstrate this using evidence obtained during discovery. This includes seeking documents, such as medical records, from all parties involved in the lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor has violated their professional duty when they did something that an ordinary prudent doctor would not have done in 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. A patient could visit the hospital to have a hernia fixed, but end up having their gall bladder removed. This is medical negligence since the removal did not benefit the patient.

Medical malpractice suits must be filed within a certain time limit, known as the statute of limitations. This is different from state to state. The person who has suffered injury must prove that the care provided was substandard and caused injury, and medical Malpractice Lawsuit then he or she must prove the amount of financial compensation he or she deserves.

Damages

You should be compensated for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties then proceed to discovery, a procedure in which documents and statements are disclosed under oath. During discovery, medical records and doctor's notes will usually be requested.

In most states, to receive compensation for injuries sustained through malpractice, you need to prove four things including a duty of good faith that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury and damages resulting from the injury. If your lawyer can prove all of these elements, you will have an extremely strong case for financial recovery in a medical negligence claim.

In certain instances the court might decide to award punitive damages which is intended to punish the perpetrator and discourage others from committing similar crimes. This is not the norm however, especially in fremont medical malpractice attorney malpractice cases. The courts must have a clear evidence of malice before they can make these extraordinary awards.