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How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body like surgical clamps, remains in her body after gall bladder surgery may bring a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from the duty, and direct cause.

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

Causes of Injury

A medical malpractice claim can be filed by the injured person or by a person legally appointed to act on their behalf. This can be the spouse or adult child, parent, guardian or administrator of an estate belonging to a deceased patient depending on the specific circumstances. In a medical negligence case, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

Malpractice cases typically involve many expert witnesses. Medical experts are required to testify whether or not the health care provider adhered to the standards of treatment for their particular field. They must also testify to the harm caused by the doctor's actions or inactions.

Injuries caused by negligence and mistakes can be devastating. A misdiagnosis can have serious consequences, like the possibility of a life-threatening illness. Other types of injuries could include operating on the wrong part or putting instruments inside the patient during surgery.

In order to establish a malpractice case the patient has to prove four legal elements: a duty the physician owed to them; a breach in the breach; a resulting injury; and damages. In some states, such as New York, the law sets a limit on the amount that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important aspects of a medical malpractice case. To prove causation, the plaintiff must prove that the injury was caused by a physician's negligence. This can be a difficult task due to a variety reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit stem from long-term or ongoing illnesses that were present before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends out over a number of years, and the injuries can develop gradually.

In these instances, proving that a medical professional's violation of the standard of care that led to the injury is not easy. The attorney could have gathered evidence, including medical records and expert testimony, that the injured patient can use.

During the discovery process, which is an integral part of the legal process for getting ready for trial, your lawyer may request disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is representing the case will be asked to testify in deposition. This is a testimonies that is given under oath. Your lawyer will be able to cross-examine doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has proved the facts of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice in court, that it is more likely that the physician violated his or her duties as physician and that the breaches resulted in injury. The plaintiff's lawyer has to demonstrate this with evidence gathered through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, in which statements are made under oath, and recorded for use in trial, are also a part of this procedure.

A doctor violated his or her professional duty if he or she did something that a prudent doctor would not do in similar circumstances. It must be proved that the breach resulted in injury directly to the patient. This is referred to as causation, or proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and is then able to have his or the gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

medical malpractice lawyer malpractice lawsuits must be filed within a certain timeframe, also known as the statute of limitations. This differs from state-to-state. The victim must demonstrate that the treatment was substandard and caused injury, then they must show what compensation they're entitled to.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then engage in discovery, in which documents and statements are revealed under an oath. During discovery, medical records and Attorneys doctor's notes are usually requested.

In many states, to get compensation for injuries caused by negligence, you must to establish four elements including a duty of good faith due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages that result from the injury. If your attorney can demonstrate all of these aspects of a medical negligence claim, you'll have an enviable case.

In certain cases, courts can decide to award punitive damages. These are intended to punish the perpetrator and discourage others from committing the same offense. This isn't often however, in medical malpractice lawyer malpractice cases. The courts must be able to prove evidence of malice before they may make these extraordinary awards.