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How to File a Medical Malpractice Case

If a patient discovers that a foreign object like surgical clamps, remains inside her body after gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from this duty and the direct reason.

It is vital for our clients to establish a direct causal connection between the breach of duty and the damage, known as proximate causation.

Causes of Injury

A medical malpractice claim can be filed by the person who has been injured or a legal person to act on their behalf. This could be a spouse or adult child parent, guardian, or administrator of the estate of a deceased patient depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Expert testimony is typically required in cases of malpractice. Medical experts must be able to prove whether or not the health care provider adhered to the standards of treatment for their particular area of expertise. They also have to testify to the damage caused by the doctor’s actions or inactions.

The injuries that result from malpractice and negligence can be extremely serious. For instance, a wrong diagnosis of a health condition can result in life-threatening consequences. Other kinds of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements in a malpractice case which include a duty to the patient by the doctor; a breach of this obligation; an injury resulting by the breach and the resulting damages. In certain states like New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element is called the causation. It is one of most crucial elements in a medical negligence claim. To establish causation the plaintiff must prove that the injury was caused by 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 arise from long-term or ongoing conditions that were already in the process of being treated prior to. The time limit for a medical malpractice attorneys malpractice lawsuit can be extended over a period of time and injuries can develop slowly.

In these situations it can be difficult to prove that one particular medical professional's failure to adhere to the standard of care caused the injury. However, the patient who is afflicted might be able use the evidence collected by the attorney, like medical documents and expert testimony.

During the process of discovery that is part of the legal process for prepping for a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit is then called to testify during depositions, which are testimony that is under the oath. Your lawyer may cross-examine the doctor and contest their conclusions. The jury will then decide whether the plaintiff has proved the necessary elements of their case such as duty, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice attorney malpractice, that it is more than likely that the physician violated his or her obligations as physician and that the actions led to injury. The attorney representing the plaintiff must prove this by using evidence gathered during discovery. This includes seeking documents, such as medical records from all parties involved in a lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has breached their professional obligation when they did something that a reasonable and prudent doctor would not have done under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is called causation or proxy causes. A patient might visit the hospital to repair a hernia but instead end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed time frame, known as the statute of limitations, which is different for each state. The injured patient has to demonstrate that the treatment was substandard and caused injury, and they must establish what compensation they're entitled to.

Damages

If medical negligence has led you to suffer a traumatic injury, you are entitled to be compensated. Scaffidi & Associates can help you receive full and fair 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, a process in which documents and declarations are made public under oath. During discovery, medical records and notes from a doctor are typically requested.

In the majority of states, to receive compensation for injuries caused by negligence, you must to establish four elements: a duty of care that is due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages caused by the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you will have a strong case.

In certain instances, a court may make punitive damages available, which are designed to punish the perpetrator and discourage others from engaging in the same conduct. However, this is rare in medical malpractice cases, because the courts require clear evidence of malice to make these extraordinary awards.