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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 following gall bladder surgery may bring a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from this duty and the direct reason.

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

Cause of Injury

A medical malpractice attorneys malpractice claim can be filed by the injured person or a person legally designated to act on their behalf. Depending on the circumstances, it could be the spouse of the patient, an adult child or parent, guardian ad-litem or executor or administrator of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health professional.

Expert testimony is often required in malpractice cases. Medical experts must provide evidence to prove that the health care provider acted within the standard of medical care within their particular field of expertise. They must also testify to the harm caused by the actions or inactions of a doctor.

Accidents caused by negligence or mistakes can be catastrophic. For example, a misdiagnosis of a medical condition could cause life-threatening complications. Other types of injuries can be caused by operating on an incorrect body part or putting surgical instruments in the patient.

To establish a malpractice claim the patient must prove four legal elements: a duty the physician owed to them; a breach in this duty, resulting injury; and damages. In certain states, like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one the most important elements of medical malpractice cases. To prove causation, a plaintiff must show that they suffered an injury on a balance of probabilities because of the negligence of a physician. This is a challenging job due to various reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing illnesses that were in the process of being treated prior to. The statute of limitations on a medical malpractice case could be extended for a number of years and injuries may develop slowly.

In these situations it is often difficult to prove that a particular medical professional's violation of the standards of care caused the injury. However, the patient who is afflicted could be able to use the evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is a part of the legal process for getting ready for trial, your lawyer could request disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is defending the case will be asked to give deposition. This is a testimony which is under an oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved that the allegations of the case are true which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice, that it is likely that the physician violated the obligations of a doctor and that these breaches resulted in injury. The plaintiff's lawyer has to show this through evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. This process also involves swearing statements that are recorded and used at trial.

A doctor has violated their professional obligation in the event that they did something reasonable and prudent doctors would not have done in similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or causal proximate causes. For instance when a patient is taken to the hospital for a hernia operation and ends up having his or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

medical malpractice attorney malpractice lawsuits must be filed within the legal time limit, known as the statute of limitations. This varies from state to state. The patient who was injured must show that the inadequate treatment resulted in injury, and after that they must prove what monetary compensation they are entitled to.

Damages

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

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then participate in discovery, a process by which documents and statements are disclosed under an oath. Medical records and the doctor's notes are typically requested during discovery.

In the majority of states, you must establish four elements to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider in 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 attorney can prove all these elements of a medical negligence claim, you will have an impressive case.

In certain cases the court might make punitive damages a possibility that is intended to penalize a wrongdoer and discourage others from committing similar misconduct. However, this is not the norm in medical malpractice cases because the courts require precise proof of malice before they can give these extraordinary awards.