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How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps inside her body after gall bladder surgery may make a claim for medical malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

It is vital for our clients to establish a direct link between the breach of duty and the injury that is known as proximate causation.

Cause of Injury

A medical malpractice lawyer malpractice lawsuit can be filed by the victim or an attorney. Based on the specific circumstances, it could be the spouse of the patient, an adult child or parent, a guardian ad litem or the executor or administrator 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, therapist or any other health professional.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to testify on whether or the medical professional adhered to the standards of care for their particular field. They must also testify as to the harm caused by the doctor’s actions or inactions.

The injuries that result from malpractice and negligence can be extremely serious. For example, a misdiagnosis of a health problem could have life-threatening effects. Other types of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements in a malpractice claim which include a duty to the patient by the doctor; a breach of this duty; injury caused by the breach; and resulting damages. In some states, such as New York, the law restricts the amount of money that could be awarded for the malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements of a medical malpractice case. To prove causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This can be a challenging job due to a variety of reasons.

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already present before treatment began. The time-limit for a medical malpractice case can be extended over several years and the development of injuries can happen slowly.

In these instances, it is difficult to prove that one particular medical professional's violation of the standard of care caused the injury. However, the patient who was hurt might be able use the evidence collected by the attorney, such as medical records and expert testimony.

During the process of discovery as part of the legal procedure for prepping for a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to testify in deposition. This is a testimony that is made under an oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has established the facts of the case including breach of duty and causation.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice to show that it is likely that the physician violated the obligations of physician and that the breaches resulted in injury. The plaintiff's lawyer must prove this by using evidence gathered during discovery. This involves soliciting documents, including medical records as well as other documents from all parties in the lawsuit. This also includes sworn declarations that are recorded and used at trial.

A doctor has breached their professional duty if they did something a reasonable and prudent doctor would not have done under similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proxy causes. Patients may visit a hospital to repair a hernia, but end up having their gall bladder removed. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations that varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, and then they must establish what compensation they're entitled to.

Damages

If medical negligence caused you to sustain an injury, you deserve to be compensated. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then engage in discovery. This is a procedure where documents and evidence are made public under the oath. During discovery, medical records and notes from a doctor will typically be sought.

In most states, you need to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, you have a strong case for financial compensation in a claim for Medical malpractice Law firm malpractice.

In some cases the court could make punitive damages a possibility that is designed to punish the wrongdoer and deter others from engaging in similar acts. This is rare however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they can make these extraordinary awards.