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How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body, such as surgical clamps, remains in her body following gall bladder surgery can file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from this duty and the direct cause.

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

Causes of Injury

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

The majority of cases involving malpractice involve the testimony of experts. Medical experts must provide evidence to prove that the doctor performed his duties in accordance with the standard of care in his or her specific field of expertise. They must also testify regarding the injury that was caused by the doctor's actions or inactions.

Injuries caused by negligence and mistakes can be devastating. For example, a mistake in the diagnosis of a medical malpractice attorneys condition could cause life-threatening complications. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

To establish a malpractice claim the patient has to prove four legal elements: a duty the doctor owed them; a breach of this duty; a subsequent injury; and damages. In some states, like New York, the law places a limit on the amount that can be awarded in the malpractice claim.

Causation

The injury element, also known as causation, is one of the most important elements of medical malpractice cases. To prove causation, the plaintiff must show that they sustained their injury on a balance of probabilities due to of the physician's negligence. This is a challenging task due to several reasons.

A lot of the injuries that form the basis for a medical negligence lawsuit result from chronic illnesses that existed before treatment started. The time-limit for medical malpractice cases can be extended for a number of years and the development of injuries can happen slowly.

In these instances it can be difficult to prove that a particular medical professional's breach of standards of care caused the injury. However, the patient who was hurt may be able to use the evidence gathered by the attorney, such as medical records and expert testimony.

During the discovery process, which is part of the legal process for prepping for trial, your lawyer can request the disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is representing the case will be required to appear in a deposition. This is a testimony that is made under an oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will then decide if the plaintiff has proved the necessary elements of their case such as obligation, breach, causation and injury.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and that the breached duties caused injuries. The plaintiff's attorney has to be able to prove this by utilizing evidence gathered during discovery. This involves the request of documents, including medical malpractice attorneys records as well as other documents from all parties in a lawsuit. Depositions, in which statements are made under oath and recorded for trial, are also a part of this procedure.

A doctor has violated their professional obligation if they did something a reasonable prudent physician would not have done in similar circumstances. It must be proved that the breach resulted in injury directly to the patient. This is known as causation or proximate causes. A patient might go to the hospital in order 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 prescribed time frame, known as the statute of limitations that varies from state to state. The patient who is injured must prove that the care provided was substandard and caused injury, and then prove the amount of financial compensation they are entitled to.

Damages

If medical negligence has led you to suffer a traumatic injury, you are entitled to be compensated. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then engage in discovery, a process in which documents and statements are made public under oath. During discovery medical records and doctor's notes will typically be sought.

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

In certain instances, medical malpractice the court may make punitive damages a possibility that is intended to punish a wrongdoer, and discourage others from committing similar conduct. This is not the norm however, particularly in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to award these extraordinary damages.