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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her, such as surgical clamps, is still inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the injury, known as proximate causation.

Causes of Injury

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

Malpractice cases usually require an abundance of expert testimony. Medical experts must determine if the medical professional performed his duties in accordance with the standard of medical care within their specific area of expertise. They must also testify to the harm resulting from the actions or inactions of the doctor.

Injuries caused by negligence and mistakes can be devastating. For instance, a misdiagnosis of a health problem could have life-threatening effects. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

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

Causation

The injury element, also referred to as causation, is among the most crucial elements in medical malpractice cases. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This can be a difficult task due to several reasons.

A lot of the injuries that form the basis of a medical negligence suit result from long-term or medical malpractice lawsuit ongoing issues that existed before treatment started. Often, the statute of limitations for a claim involving medical malpractice extends over a variety of years, and the injuries may develop slowly.

In these instances, it is difficult to prove that one particular medical professional's breach of standard of care caused the injury. However, the patient who is afflicted might be able use the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is part of the legal procedure for preparation for trial, your lawyer will ask for the disclosure of expert testimony and other evidence from defendants' attorneys. The doctor who is representing the case will be asked to appear in a deposition. This is a testimony that's given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their case including obligation, breach, causation and injury.

Negligence

When a medical malpractice attorneys malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional obligations and that those breaches caused injuries. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which involves the 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 trial, are also a part of this process.

A doctor violated his or her professional duty when he or she did something that a reasonably prudent physician would not do in similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. For instance an individual goes to the hospital for a hernia operation and ends up having his or her gall bladder removed instead. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, also known as the statute of limitations which is different for each state. The victim must prove that the substandard care caused injury, and then show how much compensation he or she deserves.

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 the full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties are involved in discovery. This is which involves the disclosure of documents and statements disclosed under an oath. During discovery medical records and doctor's notes will typically be sought.

In most states, you have to prove four things in order to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements, then you've got an extremely strong case for financial recovery in a medical malpractice claim.

In some instances the court might give punitive damages which is intended to punish a wrongdoer, and discourage others from committing similar acts. This is rare however, particularly in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to make these extraordinary awards.