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How to File a Medical Malpractice Case

A patient who finds that a foreign object, such as surgical clamps, remains inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

It is crucial for our clients to establish a direct connection between the breach of duty and the damage which is referred to as proximate cause.

Causes of Injury

A medical malpractice lawsuit can be filed either by the person who was injured or a legal representative. This could be the spouse or adult child or parent, medical malpractice lawsuit guardian or administrator of the estate of a deceased person, depending on the circumstances. In a medical malpractice case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

Expert testimony is often required in cases of malpractice. Medical experts are required to testify whether or whether the health professional was in compliance with the standard of care for their particular area of expertise. They also need to testify on the harm caused by the doctor's actions or inactions.

The consequences of negligence and mistakes can be devastating. A misdiagnosis can have serious consequences, like the possibility of a life-threatening illness. Other types of injuries can include operating on the incorrect body part or leaving surgical instruments inside the patient.

To establish a malpractice claim the patient has to prove four legal elements: a duty that the doctor medical malpractice lawsuit owed them; a breach of the breach; a resulting injury and damages. In certain states, such as New York, the law puts a limit on amount of money that could be awarded in the malpractice claim.

Causation

The injury element is also known as 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 is a difficult job due to a variety of reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing conditions that were present prior to the time of treatment. The time limit for a medical malpractice case can be extended over several years and injuries may develop slowly.

In these situations it can be difficult to prove that a certain medical professional's breach of the standards of care caused the injury. However, the person who was harmed might be able use evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is an integral part of the legal procedure getting ready for trial, your lawyer may request disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the lawsuit is then asked to testify during depositions, which are testimony that is under the oath. Your lawyer will be able to cross-examine doctor and challenge the doctor's findings. The jury will decide if the plaintiff has proven the elements of the case including breach of duty and causation.

Negligence

If a claim for medical malpractice is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician violated professional duties and that the breaches resulted in injury. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. This process also includes the recording of sworn statements and used in trial.

A doctor has violated their professional duty if they did something a reasonable prudent physician would not have done under the same circumstances. It must be proved that the breach caused the injury directly to the patient. This is referred to as causation or proximate cause. For instance when a patient is taken to the hospital for a hernia surgery and then has his or his gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

medical malpractice law firm malpractice lawsuits must be filed within the legal time limit, known as the statute of limitations. This varies from state to state. The person who suffered the injury must show that the inadequate treatment caused injury, and then they must prove what monetary compensation they're entitled to.

Damages

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

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties then proceed to discovery, a process by which documents and declarations are made public under oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things that include a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages resultant from the injury. If your lawyer can prove all of these elements, you have a strong case for financial recovery in a claim for medical malpractice.

In certain instances the court might give punitive damages which is intended to penalize a wrongdoer and discourage others from committing similar acts. However, this isn't the norm in medical malpractice cases, as the courts require extremely clear evidence of malice to make these extraordinary awards.