How to File a Medical Malpractice Case

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

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

Causes of Injury

A medical malpractice claim may be filed by the person who suffered the injury or a legal representative. This could be the spouse, adult child or parent, guardian or administrator of a deceased patient's estate, based on the circumstances. The plaintiff in a medical malpractice suit is the health care provider. This could be an accredited nurse, doctor or therapist.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify whether or the medical professional was in compliance with the standard of care for their particular area of expertise. They also have to testify to the harm resulting from the doctor's actions or inactions.

The consequences of negligence and malpractice can be severe. A mistake in diagnosis can have devastating consequences, including a life-threatening condition. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

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

Causation

The injury element is known as the causation. It is one of most crucial aspects in a medical malpractice lawyers malpractice claim. To establish causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This can be a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing conditions that were already present prior to treatment. Often the statute of limitation for a medical negligence claim extends over a number of years, and injuries can develop gradually.

In these instances it is often difficult to prove that a specific medical professional's failure to adhere to the standards of care caused the injury. However, the person who was harmed may be able to use the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process that is part of the legal process for preparation for a trial, your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be asked to appear in a deposition. This is a testimony that is made under an oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will then decide whether the plaintiff has proven the essential elements of their case such as duty, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed the plaintiff has to convince the jury that it was more likely than not that the physician breached his or her professional duties and that those breaches resulted in injuries. The attorney representing the plaintiff must demonstrate this using evidence obtained during discovery. This includes the request of documents, including Medical malpractice law Firm records and other records from all parties in the lawsuit. Depositions, in which the 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 by doing something that an ordinary prudent doctor would not have done in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is referred to as causation or the proximate cause. For example an individual goes to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, also known as the statute of limitations, which varies according to the state. The victim must show that the inadequate treatment caused injury, and they must establish what compensation they deserve.

Damages

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

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

In most states, you need to prove four things in order to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can establish all of these elements, you can make a an argument for financial compensation in a claim for medical malpractice.

In certain instances the court could give punitive damages which is intended to penalize a wrongdoer and discourage others from committing similar crimes. However, this is rare in medical malpractice cases, as courts require clear evidence of malice to give these extraordinary awards.