How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps within her body after gall bladder surgery may bring a lawsuit against a doctor for medical negligence. A successful claim must prove the elements of medical negligence: duty, deviation from the duty, and direct cause.

It is vital for our clients to establish a direct link between the breach of duty and the resulting injury which is referred to as proximate cause.

Cause of Injury

A medical malpractice case can be filed by the person who has been injured or by a person legally appointed to act on their behalf. This can be the spouse or adult child or parent, guardian or administrator of the estate of a deceased patient depending on the specific circumstances. The plaintiff in a lawsuit for Medical malpractice attorney malpractice is the health professional. This could be a licensed doctor, medical malpractice attorney nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts must testify as to whether the medical professional was acting in accordance with the standards of care in their special area of expertise. They must also testify about the injury that was caused by the doctor's actions or actions or.

Injury caused by negligence and malpractice can be severe. An incorrect diagnosis can lead to serious consequences, including the possibility of a life-threatening illness. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

To establish a malpractice case the patient must prove four legal elements: a duty the doctor 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 claim.

Causation

The injury element is also called the causation. It is among the most crucial elements in a medical malpractice claim. To prove causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This can be a difficult task due to several reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing illnesses that were present before treatment began. Often the statute of limitation for a medical malpractice claim is extended over a period of years, and the injuries may develop slowly.

In these cases it is often difficult to prove that a particular medical professional's violation of the standards of care caused the injury. The attorney may have collected evidence, such as expert testimony and medical records, that the injured patient can utilize.

During the discovery process as part of the legal procedure for the preparation of a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be asked to appear in a deposition. This is a testimony that's given under oath. Your lawyer may cross-examine the doctor and contest their findings. The jury will then decide whether the plaintiff has established the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and those violations caused injury. The plaintiff's attorney must demonstrate this through evidence gathered during discovery. This includes seeking documents, such as medical malpractice attorney records as well as other documents from all parties in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also part of this procedure.

A doctor violated his or her professional obligation if he or she did something that a reasonable prudent physician would not do in similar circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation or causal proximate causes. A patient might go to the hospital to repair a hernia, and instead, have their gall bladder removed. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legal time limit, known as the statute of limitations. This varies from state to state. The patient who was injured must show that the inadequate treatment resulted in injury, and after that they must establish what compensation they deserve.

Damages

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

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then begin discovery, a process by which documents and statements are revealed under the oath. During discovery medical records and notes from a doctor are typically requested.

In most states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements including a duty of good faith that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages resulting from the injury. If your attorney can establish all of these elements, medical malpractice attorney you have an extremely strong case for financial recovery in a medical malpractice claim.

In some cases, courts can make punitive damages available, which are intended to penalize the culprit and deter others from engaging in the same conduct. This is not the norm however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they are able to give these extraordinary damages.