How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, is still inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical malpractice attorney negligence: duty, deviation from the duty, and direct cause.

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

The reason for injury

A medical malpractice lawsuit can be filed by the injured person or an attorney. This can be the spouse or adult child or parent, guardian or administrator of the estate of a deceased patient, depending on the circumstances. The plaintiff in a lawsuit for medical malpractice is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to be able to testify that the healthcare provider performed his duties in accordance with the standard of medical care within their special area of expertise. They must also testify as to the harm caused by the actions or inactions of a doctor.

Accidents caused by negligence or malpractice can be severe. A misdiagnosis could have grave consequences, like life-threatening conditions. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

In order to prove a malpractice case the patient must prove four legal elements: a duty the doctor owed them; a breach in the breach; a resulting injury and damages. In some states, like New York, the law sets a limit on the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important aspects of a medical malpractice case. To prove causation, a plaintiff must prove that they suffered an injury on the balance of probabilities as a result of the negligence of the doctor. This can be a challenging task due to a variety of reasons.

For example, many injuries that are the cause of a medical negligence lawsuit stem from long-term or ongoing conditions that were already present before treatment began. The time period for filing a medical malpractice case could be extended over the course of several years, and injuries can develop slowly.

In these instances, proving that a medical professional's breach of the standard of care that led to the injury is a challenge. The attorney may have gathered evidence, like medical records and expert testimony, that the injured patient could use.

During the discovery process, which is part of the legal procedure getting ready for trial, your lawyer will request the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is defending the lawsuit will be asked to give evidence during depositions, which are testimony that is under an oath. Your lawyer is able to cross-examine doctor and challenge their findings. The jury will decide whether the plaintiff has established the elements of the case, including duty, breach and causation.

Negligence

If a claim for medical malpractice is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor did not perform his or her professional obligations and that those breached duties caused injuries. The lawyer representing the plaintiff must show this through evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties involved 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 an ordinary prudent doctor would not have done in similar circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. A patient may go to the hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed time frame, known as the statute of limitations which is different for each state. The injured patient has to prove that the substandard treatment caused injury, and they must establish what compensation they're entitled to.

Damages

You should be compensated for any injuries you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then engage in discovery. This is which involves the disclosure of documents and statements disclosed under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In many states, to be eligible for compensation for injuries incurred by negligence, you must to establish four elements including a duty of good faith owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages resulting from the injury. If your attorney can establish all of these elements, you can make a a strong case for financial compensation in a medical malpractice case.

In some cases the court could give punitive damages which is intended to punish a wrongdoer, and deter others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases, as the courts require extremely evident proof of malice in order to give these extraordinary awards.