How to File a Medical Malpractice Case

A patient who finds that a foreign object, such as surgical clamps, remain inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.

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

Cause of Injury

A medical malpractice lawsuit can be filed by the injured person or a legal person to act on their behalf. Depending on the circumstances this may be the spouse of the patient or an adult child parent, a guardian ad-litem or executor or administrator of the estate of the patient who died. The plaintiff in a suit for medical negligence is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify on whether or whether the health professional adhered to the standards of care for their specific area. They must also testify regarding the injury caused by the physician's actions or inactions.

Injuries caused by negligence and mistakes can be devastating. For example, a mistake in the diagnosis of a health issue could have life-threatening effects. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case the duty owed to the patient by the physician or a breach of the duty; injury caused by the breach; and the resulting damages. In some states such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also known as causation, is one of the most important elements in a medical malpractice case. To establish causation, the plaintiff must prove that they sustained their injury on the basis of probabilities because due to the negligence of the doctor. This is a challenging task for several reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing ailments that were present before treatment began. The statute of limitations on a medical malpractice case can be extended for a number of years and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's violation of the standard of care which led to the injury can be difficult. The attorney may have collected evidence, such as expert testimony and medical malpractice lawyer records, that the injured patient can utilize.

During the discovery process, which is part of the legal process for preparing for trial, your lawyer can ask for the disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor defending the lawsuit will then be asked to testify during deposition, which is testimony given under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their case such as obligation, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those violations caused injury. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This also includes swearing statements that are recorded and used at trial.

A doctor breached his or her professional obligations when he/she did something that a reasonable prudent doctor would not do in similar circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is called causation or causal proximate causes. A patient might visit a hospital to repair a hernia, but end up having their gall bladder removed. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This differs from state-to-state. The injured patient has to demonstrate that the treatment was substandard and resulted in injury, and after that they must show what compensation they are entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then proceed to discovery, a process by which documents and statements are made public under the oath. During discovery, medical records and doctor's notes are usually requested.

In most states, you need to establish four elements to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of that duty; a causal connection between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can prove all of these elements, you will have an excellent case for financial compensation in a medical negligence claim.

In some instances, courts can give punitive damages, which are designed to punish the wrongdoer and deter others from engaging in the same conduct. However, this is rare in medical malpractice cases because the courts require precise proof of malice before they can award these extraordinary awards.