How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, such as surgical clamps, remains inside her body after gall bladder surgery can file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from this duty and the direct cause.

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

Causes of Injury

A medical malpractice claim may be filed by the person who was injured or an attorney. Based on the specific circumstances, this may be the spouse of the patient, an adult child or parent, a guardian ad Litem or the executor or administrator 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 nurse, doctor, therapist or any other licensed health professional.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to testify as to whether the doctor acted within the standard of care in his or her particular field of expertise. They must also testify to the damage caused by the actions or inactions of the doctor.

The consequences of negligence and mistakes can be catastrophic. A mistake in diagnosis can have devastating consequences, like a life-threatening condition. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor or a breach of the obligation; a harm caused by the breach and resulting damages. In certain states, such as New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This can be a difficult job due to various reasons.

A lot of the injuries that form the basis for a medical negligence suit result from long-term conditions or ongoing issues that existed before treatment began. The statute of limitations on a medical malpractice case could be extended over the course of several years and injuries can develop slowly.

In these instances it is difficult to prove that a medical professional's failure to adhere to the standard of care which led to the injury is not easy. The attorney could have collected evidence, like expert testimony and medical records that the injured person may use.

In the discovery process as part of the legal procedure for the preparation of a trial your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is representing the case will be required to appear in deposition. This is a testimony that's given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. 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 the jury, when bringing a claim for medical malpractice in court, that it is more than likely that the physician violated his or her duties as a doctor and that these actions led to injury. The attorney representing the plaintiff must prove this by using evidence obtained during discovery. This includes the request of documents, including medical records as well as other documents from all parties in the lawsuit. This also includes sworn statements that are recorded and used at trial.

A doctor has violated their professional obligation when they did something that a reasonable prudent physician would not have done in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is called causation or the proximate cause. A patient could visit a hospital to repair a hernia however, they end up having their gall bladder removed. This is medical negligence as the removal did not benefit the patient.

medical malpractice lawsuit malpractice lawsuits must be brought within a legally-defined period of time, also known as the statute of limitations which varies by state. The patient who is injured must prove that the negligent care resulted in injury, and then he or she must prove the amount of financial compensation he or her deserves.

Damages

If medical negligence has caused you to suffer a traumatic injury, you should be compensated. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties then engage in discovery. It is a process where documents and evidence are presented under the oath. During discovery medical records and doctor's notes will usually be requested.

In the majority of states, you must prove four things in order to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all these elements in a medical malpractice law firms malpractice claim, medical Malpractice lawsuit you'll have an impressive case.

In some instances courts may decide to award punitive damages. These are intended to penalize the offender and deter others from committing the same offense. It is not common, however, in medical malpractice cases. The courts must have clear evidence of malice before they may give these extraordinary damages.