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How to File a Medical Malpractice Case

If a patient discovers that a foreign object, such as surgical clamps, remains in her body following gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must demonstrate the elements of medical negligence: duty, deviation from this duty and the direct reason.

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

Cause of Injury

A medical malpractice lawsuit can be filed either by the person who suffered the injury or a legal representative. It could be the spouse or adult child, parent, guardian or administrator of a deceased patient's estate, depending on the circumstances. The defendant in a medical malpractice suit is the health professional. It could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to provide evidence to prove that the health care provider performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify as to the harm that was caused by the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be extremely serious. For instance, a wrong diagnosis of a health condition can cause life-threatening complications. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the doctor and a breach of that duty; injury caused by the breach; and the consequential damages. In certain states like New York the law limits the amount of money awarded in a case of malpractice.

Causation

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

For instance, many injuries that are the subject of a Medical malpractice law firms-malpractice lawsuit stem from long-term, or ongoing conditions that were present before treatment began. The time period for filing a medical malpractice case could be extended over the course of several years, and injuries can develop slowly.

In these cases, proving that a medical professional's breached the standard of care and led to the injury is a challenge. The attorney may have collected evidence, such as expert testimony and medical records which the injured patient can use.

During the discovery process, which is an integral part of the legal procedure for prepping for trial, your lawyer may seek disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the case will be asked to give a deposition. This is a declaration that's given under oath. Your lawyer can cross-examine the doctor and contest their findings. The jury will decide whether the plaintiff has substantiated the facts of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice in court, that it is more than likely that the physician violated the obligations of a doctor and that these mistakes led to injuries. The plaintiff's attorney has to demonstrate this using evidence collected during discovery. This involves the request of documents, including medical records, from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded for trial, are also a part of this process.

A doctor was in breach of the professional duties of a doctor when he/she did something that a reasonable prudent doctor would not do in the same circumstances. It must be proved that the breach caused injury directly to the patient. This is known as causation or proximate causes. For instance, a patient goes to the hospital for a hernia operation and ends up having his or his gall bladder removed instead. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within the legal period, referred to as the statute of limitations. This varies from state to state. The injured patient must establish that the care provided was substandard and resulted in injury, and then show how much compensation he or she deserves.

Damages

If medical negligence has led you to sustain an injury, you deserve to be compensated. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties participate in discovery. This is a procedure which involves the disclosure of documents and statements disclosed under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In the majority of states, to be eligible for compensation for injuries incurred through malpractice, you need to establish four elements such as a duty of care that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your attorney can prove all these aspects of a medical negligence claim, you'll have an impressive case.

In certain cases, courts can give punitive damages, which are designed to punish the offender and deter others from committing the same offense. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they may decide to award these extraordinary damages.