How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps inside her body after gall bladder surgery is able to sue for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.

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

Causes of Injury

A medical negligence case may 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 the spouse of the patient, an adult child or parent, guardian ad litem or the administrator or executor of the estate of the patient who died. In a case involving medical malpractice the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other health care professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify whether or the medical professional followed the standard of care for their particular area of expertise. They must also testify as to the harm resulting from the actions or inactions of a doctor.

The consequences of malpractice and 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 be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

In order to prove a malpractice case, the patient must prove four legal elements: a duty the physician owed to them; a breach in this duty; a subsequent injury and damages. In some states, like New York, the law restricts the amount of money that could be awarded for an action for malpractice.

Causation

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

Many injuries that are the basis for a medical malpractice law firm negligence lawsuit stem from chronic illnesses that existed before treatment began. Often, the statute of limitations for a medical malpractice claim extends over a number of years and the injuries may develop slowly.

In these cases the proof that a medical professional's breached the standard of care which led to the injury is difficult. The attorney could have collected evidence, including expert testimony and medical records which the injured patient can use.

During the discovery procedure, Medical malpractice lawsuits which is a part of the legal process for preparation for a trial, your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be required 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 decide whether the plaintiff has established the facts of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury, Medical malpractice lawsuits in a case of medical malpractice in court, that it is likely that the doctor did not fulfill his or her responsibilities as a doctor and that these actions led to injury. The lawyer for the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which includes the disclosure of documents, including medical malpractice law firm records from all parties involved in the lawsuit. This process also includes sworn declarations that are recorded and used in trial.

A doctor breached the professional duties of a doctor when he or she did something that a reasonably prudent physician would not do under similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is referred to as causation or proximate cause. For instance when a patient is taken to the hospital for a hernia procedure and is later told that he or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated time frame, known as the statute of limitations that varies from state to state. The patient who was injured must demonstrate that the treatment was substandard and caused injury, and they have to prove the amount of compensation they are entitled to.

Damages

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

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 engage in discovery. It is a process where documents and statements are disclosed under oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, you have to prove four things to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider in breach of that obligation; a causal connection between the breach and the injury suffered by the patient and the damages that result from the injury. If your attorney can demonstrate all of these elements in a medical negligence claim, you'll have an impressive case.

In certain cases the court can give punitive damages that is intended to punish the wrongdoer and deter others from engaging in similar crimes. But, this isn't often the case in medical malpractice cases, since courts require precise proof of malice before they can award these extraordinary awards.