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How to File a Medical Malpractice Case

A patient who discovers an object foreign to her like surgical clamps, remain inside her body after gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause and injury.

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

The reason for injury

A medical malpractice claim can be filed by the injured patient or a person who is legally authorized to represent them. This could be a spouse or adult child guardian, parent or administrator of a deceased patient's estate depending on the specific circumstances. In a case involving Medical Malpractice Law Firms malpractice, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify on whether or the medical professional was in compliance with the standard of care for their specific area. They also have to testify to the harm resulting from the actions or inactions of a doctor.

The consequences of negligence and mistakes can be catastrophic. For instance, a misdiagnosis of a health problem could cause life-threatening complications. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

To establish a malpractice case the patient must prove four legal elements: a duty that the doctor owed them; a breach of this duty, resulting injury; and damages. In certain states like New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element, also known as causation is one of the most important elements in a medical malpractice case. To prove causation, a plaintiff must demonstrate that they sustained their injury based on a balance of probabilities because of the negligence of the doctor. This can be a challenging job due to various reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from long-term conditions or ongoing illnesses that existed before treatment started. Often the statute of limitation for a medical malpractice lawsuit is extended over a period of years, and injuries can develop gradually.

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

In the discovery process which is an element of the legal process for the preparation of a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be called to testify during a deposition, which is the testimony under oath. Your lawyer may cross-examine the doctor and contest the doctor's findings. The jury will then decide if the plaintiff has proved 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 in court, that it is likely that the physician violated his or her responsibilities as physician and that the breaches resulted in injury. The attorney representing the plaintiff must be able to prove this by utilizing evidence collected during discovery. This involves the request of documents, including medical records from all parties involved in the lawsuit. This also includes swearing statements that are recorded and used at trial.

A doctor breached his or her professional obligation when he or she did something that a reasonable prudent physician would not do in the same circumstances. However it must be established that the breach directly caused the injury to the patient. This is referred to as causation or causal proximate causes. For instance the patient is admitted to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, also known as the statute of limitations which varies by state. The injured patient must establish that the negligence resulted in injury, and then show how much compensation they are entitled to.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your loss.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then engage in discovery. This is a process where documents and evidence are presented under an oath. During discovery, medical records and notes from a doctor are usually requested.

In the majority of states, you must prove four things in order to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal relationship between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can demonstrate all of these elements in a medical malpractice law firm negligence claim, you'll have a convincing case.

In certain cases the court can make punitive damages a possibility, which is meant to punish the perpetrator and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases, since courts require precise proof of malice before they can give these extraordinary awards.