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How to File a Medical Malpractice Case

A patient who discovers a foreign object like surgical clamps, remains inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must prove the elements of medical negligence: duty, deviation from this duty and direct cause.

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

Causes of Injury

A medical malpractice lawsuit can be filed by the injured person or an attorney. Based on the circumstances, this could be a spouse of the patient or an adult child parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. The plaintiff in a medical malpractice lawsuit is the health professional. This could be a nurse, doctor, therapist or any other licensed health care professional.

Expert testimony is often required in malpractice cases. Medical experts must testify as to whether or whether the health professional followed the standard of care for their specific area. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

Injuries resulting from malpractice and negligence can be extremely serious. For example, a misdiagnosis of a health problem could result in life-threatening consequences. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim the duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach; and resulting damages. In certain states, like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element is called the causation. It is one of most important elements in a medical negligence claim. To prove causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing conditions that were already in the process of being treated prior to. Often the statute of limitations for a medical malpractice claim is extended over a period of years and the injuries can develop gradually.

In these instances, it is difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. The attorney could have collected evidence, like medical records and expert testimony which the injured patient can use.

During the discovery process, which is a part of the legal procedure preparation for trial, your lawyer may request disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is representing the case will be required to take deposition. This is a testimonies that is made under an oath. Your lawyer is able to cross-examine doctor and contest the doctor's findings. The jury will decide whether the plaintiff has proved the elements of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice to show that it is more likely that the doctor did not fulfill his or her responsibilities as medical professional and that these mistakes led to injuries. The plaintiff's attorney has to demonstrate this using evidence gathered during discovery. This involves soliciting documents, including medical records and other records from all parties in the lawsuit. Depositions, in which the statements are made under oath and recorded for trial, are also part of this process.

A doctor has violated their professional duty if they did something a reasonable and prudent doctor would not have done in similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. A patient might go to the 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 suits must be filed within a certain time limit, known as the statute of limitations. This varies from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, then they must establish what compensation they're entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then engage in discovery, in which documents and statements are made public under an oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, you have to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal link between the breach and the patient's injury as well as damages that result from the injury. If your attorney can demonstrate all of these elements in a medical malpractice claim, you will have an enviable case.

In certain cases the court can award punitive damage which is intended to punish the perpetrator and deter others from engaging in similar crimes. However, this is rare in medical malpractice law firms malpractice cases because the courts require precise proof of malice before they can give these extraordinary awards.