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How to File a Medical Malpractice Case

A patient who discovers an object foreign to her like surgical clamps, is still inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.

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

Cause of Injury

A claim for medical malpractice can be filed either by the victim or a legal representative. It could be the spouse, adult child, parent, guardian or administrator of an estate belonging to a deceased patient depending on the specific circumstances. The plaintiff in a suit for medical negligence is the health care provider. It could be an accredited doctor, nurse or therapist.

The majority of cases involving malpractice involve a lot of expert testimony. Medical experts must be able to testify that the healthcare provider acted within the standard of care in his or her particular field of expertise. They must also testify to the harm that was caused by the doctor's actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. A misdiagnosis could have grave consequences, such as life-threatening conditions. Other types of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

In order to prove a malpractice case, the patient must prove four legal elements: a duty that the doctor owed to them; a breach in this duty; a subsequent injury; and damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also known as causation is one of the most crucial elements in medical malpractice cases. To prove causation, a plaintiff must demonstrate that they sustained the injury on the balance of probabilities due to of the negligence of a physician. This can be a challenging task for several reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term or ongoing illnesses that were in the process of being treated prior to. Often, the statute of limitations for a medical malpractice lawsuit extends over a variety of years, and injuries may develop slowly.

In these instances it can be difficult to prove that a certain medical professional's breach of standard of care led to the injury. The attorney may have gathered evidence, including expert testimony and medical records that the injured person can utilize.

During the discovery process, which is a part of the legal procedure for getting ready for trial, your lawyer could request disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the case will be asked to appear in a deposition. This is a declaration that is made under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proved the essential elements of their case including obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice lawyers malpractice to show that it is likely that the doctor acted in violation of the obligations of a doctor and that these breaches resulted in injury. The plaintiff's attorney must prove this by using evidence gathered during discovery. This includes seeking documents, such as medical records as well as other documents from all parties in the lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has violated their professional obligation when they did something that a reasonable and prudent doctor would not have done in similar circumstances. It must be proven that the breach caused injury directly to the patient. This is called causation or proximate causes. For instance the patient is admitted to the hospital for a hernia operation and is later told that he or her gall bladder removed instead. This is medical malpractice as 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, which is different for each state. The injured patient must establish that the substandard care caused injury, and then show how much compensation he or she is entitled to.

Damages

If medical negligence caused you to suffer injury, you are entitled to be compensated. At Scaffidi & Associates, we can help you receive full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then engage in discovery, a procedure in which documents and statements are disclosed under oath. Medical records and the notes of the doctor are usually requested during discovery.

In the majority of states, you need to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all of these elements, you will have an argument for financial compensation in a medical negligence claim.

In certain instances the court can decide to award punitive damages that is intended to penalize a wrongdoer and deter others from engaging in similar misconduct. This is not the norm however, particularly in medical malpractice cases. The courts must have a clear evidence of malice before they may give these extraordinary damages.