How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body like surgical clamps, is still inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: medical malpractice lawsuits duty, deviation from this obligation, direct cause and injury.

It is essential for our clients to establish a direct link between the breach of duty and the harm which is referred to as proximate cause.

Causes of Injury

A claim for medical malpractice can be filed either by the person who suffered the injury or a legal representative. Depending on the circumstances, this could be a spouse of the patient or an adult child parent, guardian ad Litem or the administrator or executor 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 doctor, nurse, therapist or any other health professional.

Expert testimony is usually required in malpractice cases. Medical experts are required to be able to testify that the doctor did what was required of care in their particular field of expertise. They also have to testify about the harm caused by the physician's actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. A misdiagnosis can have serious consequences, including the possibility of a life-threatening illness. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice claim the duty owed to the patient by the physician and a breach of this obligation; a harm caused by the breach and 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, also referred to as causation is one of the most important elements in medical malpractice cases. To prove causation the plaintiff must demonstrate that they sustained the injury on the balance of probabilities due to of the negligence of the doctor. This can be a difficult task due to several reasons.

Many of the injuries that are the basis for a medical negligence suit result from chronic issues that existed before treatment started. The time period for filing medical malpractice cases can be extended over several years and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's violation of the standard of care led to the injury is a challenge. However, the patient who was hurt might be able use the evidence gathered by the attorney, like medical records and expert testimony.

During the discovery process, Medical malpractice lawsuits which is a component of the legal process for preparing for trial, your lawyer can ask for the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor defending the lawsuit will be required to testify in deposition, which is testimony given under the oath. Your lawyer can cross-examine the doctor and contest their conclusions. The jury will then decide whether the plaintiff has established the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

If a claim for medical malpractice lawyers malpractice is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and that those breaches resulted in injuries. The plaintiff's lawyer has to show this through evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties who are involved in the lawsuit. This also includes swearing statements that are recorded 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 in similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is called causation or proxy causes. A patient could visit a hospital to repair a hernia, and instead, have their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, referred to as the statute of limitations which varies according to the state. The victim must demonstrate that the treatment was substandard and caused injury, and then they must prove what monetary compensation they are entitled to.

Damages

You deserve to be compensated for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties are involved in discovery. It is a process where documents and evidence are made public under an oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, you have to prove four things in order to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your lawyer can prove all of these elements, then you've got an excellent case for financial compensation in a medical negligence claim.

In certain instances the court could decide to award punitive damages which is intended to punish the perpetrator and discourage others from committing similar crimes. However, this is rare in medical malpractice cases because the courts require precise proof of malice before they can make these extraordinary awards.