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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery is able to make a claim for medical Malpractice law firms malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

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

Cause of Injury

A medical malpractice claim may be filed by the person who suffered the injury or an attorney. Based on the specific circumstances, it could be the spouse of the patient or an adult child, parent, a guardian ad-litem or administrator or executor of the estate of the deceased patient. In a medical malpractice case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Malpractice cases usually involve many expert witnesses. Medical experts are required to testify on whether or the medical professional adhered to the standards of care in their specific field. They must also testify as to the harm that was caused by the actions or inactions of a doctor.

Injuries that result from malpractice or negligence can be quite severe. For example, a mistake in the diagnosis of a health problem could result in life-threatening consequences. Other types of injuries can be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim: a duty owed to the patient by the physician and a breach of this duty; injury caused by the breach; and the consequential damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The element of injury is called the causation. It is one of the most important aspects of a medical malpractice claim. To establish causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This is a difficult task 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 ailments that were present prior to the time of treatment. The statute of limitations on medical malpractice cases can be extended over a period of time, and injuries can develop slowly.

In these situations it is often difficult to prove that one particular medical professional's breach of standard of care led to the injury. However, the person who was harmed might be able use the evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery procedure that is part of the legal process for the preparation of a trial your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit will be called to testify during depositions, which are 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 proven the necessary elements of their claim, which includes breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice, that it is more than likely that the physician violated his or her duties as physician and that the violations caused injury. The plaintiff's lawyer must demonstrate this using evidence collected during discovery. This involves requesting documents, including medical malpractice lawsuit records as well as other documents from all parties in a lawsuit. Depositions, wherein statements are made under oath and recorded for use at trial, are also part of this process.

A doctor was in breach of his or her professional obligations if he or she did something that a prudent doctor would not do in the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation, or proximate causes. A patient might go to the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, called the statute of limitations which is different for each state. The patient who is injured must prove that the substandard care caused injury and then he or she must show how much compensation he or she is entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties are involved in discovery. This is a procedure where documents and evidence are revealed under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, you need to establish four elements to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider in 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 prove all these elements in a medical negligence claim, you will have an impressive case.

In certain instances, a court may give punitive damages, which are intended to punish the culprit and deter others from engaging in similar conduct. However, this is not the norm in medical malpractice cases, since courts require precise proof of malice before they can award these awe-inspiring awards.