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 may bring a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviance from the duty, and direct cause.

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

Causes of Injury

A medical malpractice claim may be filed either by the injured person or a legal representative. Based on the circumstances, this may be the spouse of the patient or an adult child parent, a guardian ad litem, or the administrator or executor of the estate of the deceased patient. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts must be able to testify that the health care provider performed his duties in accordance with the standard of care in their specific area of expertise. They must also testify to the harm resulting from the actions or inactions of a doctor.

The injuries that result from malpractice and negligence can be quite severe. For example, a misdiagnosis of a health problem could have life-threatening consequences. Other types of injuries can include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim: a duty owed to the patient by the doctor or a breach of the obligation; an injury resulting by the breach; and the consequential damages. In certain states, such as New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also known as causation is one of the most important elements in a medical malpractice law Firm malpractice case. To establish causation, the plaintiff must demonstrate that they suffered an injury on a balance of probabilities due to of the negligence of the doctor. This can be a challenging task due to a variety reasons.

Many of the injuries that are the basis of medical negligence lawsuits result from long-term conditions or ongoing issues that existed before treatment started. Often the statute of limitations for a medical malpractice lawsuit extends over a variety of years, and injuries can develop gradually.

In these instances it is often difficult to prove that a certain medical professional's breach of standard of care led to the injury. However, the patient who was hurt could be able to make use of the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is a part of the legal process for prepping for trial, your lawyer will request the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor defending the lawsuit is then called to testify during deposition, which is testimony under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

If a medical malpractice law firm malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional obligations and that those breached duties caused harm. The lawyer for the plaintiff must prove this using evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also part of this process.

A doctor has violated the professional duties of a doctor in the event that he or her did something that a reasonably prudent doctor would not do in the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. A patient might visit a hospital to repair a hernia but instead end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated time frame, known as the statute of limitations, which varies according to the state. The victim must prove that the negligent treatment caused injury, and then they have to prove the amount of compensation they're entitled to.

Damages

If medical negligence has led you to sustain an injury, you are entitled to be compensated. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then participate in discovery, in which documents and statements are disclosed under an oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, to receive compensation for injuries caused by malpractice, you need to prove four things: a duty of care that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you'll have a strong case.

In some cases, a court may make punitive damages available, which are intended to punish the wrongdoer and deter others from engaging in similar misconduct. This is rare, however, in medical malpractice cases. The courts must have very clear evidence of malice before they are able to make these extraordinary awards.