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How to File a Medical Malpractice Case

A patient who discovers that a foreign object like surgical clamps, remains in her body following gall bladder surgery could pursue a medical malpractice suit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from this duty and direct cause.

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

Causes of Injury

A medical malpractice claim can be initiated by the patient who was injured or by a person legally appointed to act on their behalf. It could be the spouse, adult child, parent, guardian or administrator of a deceased patient's estate, depending on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts must provide evidence to prove that the health care provider performed his duties in accordance with the standard of medical care within their particular field of expertise. They also have to testify about the injury caused by the doctor's actions or inactions.

Injuries caused by negligence and mistakes can be devastating. For example, a mistake in the diagnosis of a health condition can cause life-threatening complications. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

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

Causation

The injury element, also known as causation is one of the most crucial elements in a medical malpractice case. To establish causation the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a difficult task due to several reasons.

Many of the injuries that form the basis of medical negligence lawsuits result from chronic conditions which were present before treatment started. The time-limit for a medical malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these cases it is difficult to prove that a medical professional's violation of the standard of care that led to the injury is difficult. The attorney could have collected evidence, like medical records and expert testimony, that the injured patient can utilize.

In the discovery process as part of the legal process for the preparation of a trial your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit is then asked to testify during deposition, which is testimony that is under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the necessary elements of their claim, which includes breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice, that it is more likely that the doctor did not fulfill his or her duties as physician and that the violations caused injury. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which entails requesting disclosure of documents including medical malpractice attorneys records from all parties who are involved in the lawsuit. The process also involves sworn statements that are recorded and used at trial.

A doctor violated his or her professional duty when he or Medical Malpractice Lawsuits she did something that a reasonable prudent doctor would not do under the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation, or causal proximate causes. For instance when a patient is taken to the hospital for a hernia operation and is then able to have his or his gall bladder removed instead. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, referred to as the statute of limitations which is different for each state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then prove how much monetary compensation he or she deserves.

Damages

If medical negligence caused you to suffer an injury, you have the right to be compensated. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your loss.

The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties then begin discovery, a process by which documents and statements are revealed under an oath. During discovery medical records and notes from a doctor are usually requested.

In the majority of states, you have to prove four things to be compensated for injuries incurred by medical malpractice such as a duty due to the healthcare provider; 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 impressive case.

In some instances courts may award punitive damages, which are designed to punish the culprit and deter others from engaging in similar conduct. However, this is not the norm in medical malpractice cases, as courts require evident proof of malice in order to give these extraordinary awards.