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How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps in her body following gall bladder surgery is able to file a lawsuit for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

It is important for our clients to establish a direct causal connection between the breach of duty and the harm called proximate causation.

The reason for injury

A medical malpractice case can be filed by the injured patient or a legal person to act on their behalf. Depending on the circumstances, this could be the spouse of the patient, an adult child or parent, guardian ad litem, or the executor or administrator of the estate of the deceased patient. In a medical negligence case the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify on whether or whether the health professional adhered to the standards of treatment for their specific area. They must also testify as to the harm caused by the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be quite severe. For example, a mistake in the diagnosis of a health condition can have life-threatening effects. Other types of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case which include a duty to the patient by the physician or a breach of the obligation; a harm caused by the breach and the resulting damages. In certain states like New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The injury element is also called the causation. It is among the most crucial elements in a medical malpractice claim. To establish causation, the plaintiff must demonstrate that they suffered their injury based on a balance of probabilities because due to the negligence of the doctor. This can be a challenging task due to several reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were already present prior to treatment. Often the statute of limitation for a Medical malpractice Law Firm negligence claim is extended over a period of years and the injuries can develop gradually.

In these situations, it is difficult to prove that a specific medical professional's breach of standard of care caused the injury. The attorney could have gathered evidence, like expert testimony and medical records that the injured person can use.

During the process of discovery which is an element of the legal procedure for preparation for a trial, your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be required to testify in a deposition. This is a testimonies that is given under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established that the allegations of the case are true which include breach of duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those breaches caused injury. The plaintiff's lawyer must show this through evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded to be used at trial, are also part of this procedure.

A doctor has violated their professional obligation when they did something that a reasonable prudent physician would not have done under similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation, or causal proximate causes. For example, a patient goes to the hospital for a hernia surgery and is then able to have his or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, called the statute of limitations, that varies from state to state. The injured patient has to prove that the substandard treatment caused injury, and then they must show what compensation they're entitled to.

Damages

You should be compensated for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your losses.

The first step is filing and serving a summons and complaint to all defendants named in the lawsuit. The parties participate in discovery. This is where documents and statements are made public under an oath. Medical records and the doctor's notes are typically requested during discovery.

In most states, in order to get compensation for injuries caused by negligence, you must to establish four elements such as a duty of care owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages resultant from the injury. If your attorney can establish all of these elements, you have an excellent case for financial recovery in a medical malpractice claim.

In some cases, the court may make punitive damages a possibility which is intended to punish a wrongdoer, and deter others from engaging in similar acts. However, this is rare in medical malpractice cases, because the courts require specific proof of malice to award these extraordinary awards.