How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps in her body following gall bladder surgery can file a lawsuit for medical malpractice. A successful claim must establish 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 referred to as the 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 represent them. Depending on the circumstances this may be the spouse of the patient or an adult child, parent, guardian ad litem or the executor or administrator of the estate of the patient who died. The plaintiff in a medical malpractice lawsuit is the health care provider. It could be an accredited nurse, Medical malpractice lawsuits doctor or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts must testify as to whether or not the health care provider adhered to the standards of treatment in their specific field. They must also testify to the damage caused by the doctor’s actions or inactions.

Injuries that result from malpractice or negligence can be extremely serious. An incorrect diagnosis can lead to serious consequences, like a life-threatening condition. Other kinds of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case the duty owed to the patient by the doctor; a breach of this duty; an injury caused by the breach and the consequential damages. In certain states, like New York, the law places a limit on the amount of money that could be awarded in an action for malpractice.

Causation

The element of injury is called the causation. It is one of the most crucial aspects in a medical malpractice claim. To establish causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This can be a difficult task due to a variety of reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from long-term illnesses or conditions which were present before treatment started. The time limit for medical malpractice cases can be extended over a period of time, and injuries can develop slowly.

In these situations, it is difficult to prove that one particular medical professional's breach of standards of care caused the injury. However, the person who was harmed could be able to use evidence collected by the attorney, such as medical documents and expert testimony.

During the process of discovery that is part of the legal process for the preparation of a trial your attorney can request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the case will be asked to appear in deposition. This is a testimony that's given under the oath. Your lawyer will be able to cross-examine doctor and challenge their findings. The jury will decide whether the plaintiff has established that the allegations of the case are true which include breach of duty, breach and causation.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice that it is likely that the physician violated his or her duties as physician and that the breaches resulted in injury. The plaintiff's attorney must demonstrate this using evidence gathered during pretrial discovery. This involves the request of documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, in which the statements are made under oath, and recorded for use at trial, are also a part of this process.

A doctor medical malpractice lawsuits was in breach of his or her professional duty if he or she did something that a reasonable prudent physician would not do under similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. For instance, a patient goes to the hospital for a procedure to treat a hernia and then has his or his gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, referred to as the statute of limitations which is different for each state. The patient who was injured must prove that the negligent treatment caused injury, then they have to prove the amount of compensation they're entitled to.

Damages

If medical malpractice lawyers negligence has caused you to suffer injury, you should be compensated. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your loss.

The first step is filing and serving a complaint and summons on all defendants named in the lawsuit. The parties then engage in discovery, a process in which documents and statements are disclosed under oath. During discovery medical records and notes from a doctor are usually requested.

In most states, you need to prove four things in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of that duty; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements, then you've got an excellent case for financial compensation in a medical malpractice attorneys negligence claim.

In some cases the court might award punitive damage that is designed to punish the wrongdoer and discourage others from committing similar acts. This is rare however, in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to give these extraordinary damages.