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How to File a Medical Malpractice Case

A patient who discovers a foreign object like surgical clamps, remain inside her body after gall bladder surgery may bring a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from the duty, and direct reason.

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 by the person who has been injured or a legal person to represent them. This could be a spouse or adult child guardian, parent or administrator of the estate of a deceased person, depending on the circumstances. The plaintiff in a medical malpractice suit is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Malpractice cases typically involve an abundance of expert testimony. Medical experts must provide evidence to prove that the medical professional performed his duties in accordance with the standard of treatment in their particular field of expertise. They must also testify regarding injuries caused by physician's actions or inactions.

Injuries that result from malpractice or negligence can be very severe. A misdiagnosis can have serious consequences, including a life-threatening condition. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

To establish a malpractice case the patient must demonstrate four legal elements: a duty the physician owed to them; a breach of this duty; a resultant injury; and damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded in the malpractice claim.

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 demonstrate that their injury was the result of the doctor's negligence. This can be a difficult task due to a variety of reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing illnesses that were present prior to the time of treatment. Often the statute of limitations for a claim involving medical malpractice is extended over a period of years and the injuries can develop gradually.

In these cases it is necessary to prove that a medical malpractice law firm professional's violation of the standard of care that led to the injury is difficult. However, the person who was harmed could be able to make use of evidence collected by the attorney, like medical records and expert testimony.

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer can request disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor who is defending the lawsuit is then called to testify during depositions, which are testimony under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated all the elements of the case which include breach of duty, breach and causation.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician violated professional duties and those breaches resulted in harm. The plaintiff's attorney has to prove this by using evidence collected during discovery. This includes seeking documents, such as medical malpractice attorneys records from all parties involved in a lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor violated his or her professional obligation when he or she did something that a prudent physician would not do in the same circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation, or causal proximate causes. For example, a patient goes to the hospital for a hernia surgery and is then able to have his or the gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally defined time frame, known as the statute of limitations, which varies by state. The patient who is injured must prove that the negligence caused injury, and then demonstrate the amount of compensation he or she is entitled to.

Damages

You deserve to be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then begin discovery, a process by which documents and statements are disclosed under the oath. During discovery medical records and doctor's notes will typically be sought.

In the majority of states, you have to establish four elements to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal link between the breach and the patient's injury as well as damages that result from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you will have an enviable case.

In some cases the court might make punitive damages a possibility, which is meant to penalize a wrongdoer and discourage others from committing similar crimes. But, this isn't often the case in medical malpractice cases, as courts require precise proof of malice before they can award these extraordinary awards.