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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body following gall bladder surgery is able to file a lawsuit for medical malpractice. A successful claim must prove the elements of medical malpractice attorney malpractice: duty, deviation from the duty, and direct cause.

It is vital for our clients to establish a direct relationship between the breach of duty and the resulting injury, known as proximate causation.

Cause of Injury

A medical negligence case may be filed by the injured person or a person legally designated to represent them. Based on the specific circumstances, it could be the spouse of the patient, an adult child or parent, guardian ad litem, or the administrator or executor of the estate of the patient who died. The defendant in a suit for medical negligence is the health professional. This could be a doctor, nurse or therapist, or any other health professional.

Expert testimony is usually required in cases of malpractice. Medical experts must testify as to whether the medical professional was acting in accordance with the standards of care in their particular field of expertise. They must also testify as to the harm resulting from the doctor's actions or inactions.

Accidents caused by negligence or negligence can be very serious. For example, a mistake in the diagnosis of a health condition can cause life-threatening complications. 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 of a malpractice claim the duty owed to the patient by the physician and a breach of that duty; an injury caused by the breach; and the resulting damages. In some states, such as New York, the law sets a limit on the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element is called the causation. It is one of the most crucial elements in a medical negligence claim. To prove causation, the plaintiff must prove that they sustained their injury on a balance of probabilities due to of the negligence of the doctor. This can be a challenging task due to a variety of reasons.

Many of the injuries that form the basis for a medical negligence lawsuit result from long-term or ongoing conditions that existed prior to when treatment started. Often the statute of limitation for a medical malpractice law Firms negligence claim extends out over a number of years and the injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's violation of the standard of care led to the injury can be difficult. The attorney may have gathered evidence, such as expert testimony and medical records which the injured patient can use.

During the discovery process, which is part of the legal procedure for getting ready for trial, your lawyer can request the disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the case will be asked to testify in 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 then decide if the plaintiff has established the necessary elements of their case, including obligation, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice that it is more than likely that the doctor did not fulfill his or her duties as medical professional and that these mistakes led to injuries. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which entails the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for use at trial, are also part of this process.

A doctor violated his or her professional obligation if he or she did something that a reasonable prudent physician would not do under the same circumstances. It must be proved that the breach caused injury directly to the patient. This is known as causation or proximate cause. For instance when a patient is taken to the hospital for a hernia surgery and is then able to have his or the gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within the legal time limit, known as the statute of limitations. This is different from state to state. The patient who was injured must prove that the substandard treatment caused injury, and they must establish what compensation they deserve.

Damages

If medical negligence has caused you to suffer an injury, you should be compensated. Scaffidi & Associates can help you get fair and complete compensation for your losses.

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

In most states, in order to get compensation for injuries caused by malpractice, you need to prove four things: a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can prove all these elements in a medical malpractice attorneys malpractice claim, you'll have a strong case.

In certain instances the court could award punitive damage that is designed to punish the perpetrator and discourage others from committing similar misconduct. This is rare however, especially in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.