How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps within her body after gall bladder surgery can file a lawsuit for medical malpractice. A successful claim has to prove the elements of medical malpractice law firm malpractice: duty, deviation from this duty and direct reason.

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

Cause of Injury

A medical malpractice lawsuit can be filed by the person who suffered the injury or a legal representative. Based on the specific circumstances, this could be a spouse of the patient or an adult child parent, a guardian ad litem, or the administrator or executor of the estate of the patient who died. The defendant in a medical malpractice suit is the health care provider. This could be a nurse, doctor, therapist or any other health care professional.

Expert testimony is typically required in cases of malpractice. Medical experts must testify as to whether the medical malpractice attorneys professional performed his duties in accordance with the standard of treatment in their special area of expertise. They also have to testify to the harm caused by the actions or inactions of the doctor.

The consequences of malpractice and negligence can be extremely serious. For instance, a wrong diagnosis of a health issue could have life-threatening effects. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice lawsuit: a duty owed to the patient by the physician; a breach of this duty; injury caused by the breach; and resulting damages. In certain states, such as New York, the law restricts the amount of money that can be awarded in an action for malpractice.

Causation

The injury element, also known as causation, is one of the most important elements in a medical malpractice case. To prove causation, the plaintiff must prove that they sustained the injury on the basis of probabilities as a result of the physician's negligence. This can be a difficult job due to various reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing illnesses that were in the process of being treated prior to. Often the statute of limitation for a claim involving medical malpractice extends over a number of years, and the injuries can develop gradually.

In these instances it is necessary to prove that a medical professional's breached the standard of care led to the injury is not easy. However, the person who was harmed may be able to use evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery procedure which is an element of the legal procedure for preparing for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit is then called to testify during depositions, which are testimony under an oath. Your lawyer may cross-examine the doctor and contest their conclusions. The jury will then decide if the plaintiff has proven the necessary elements of their case including duty, breach, causation and injury.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and those violations caused injury. The plaintiff's lawyer must demonstrate this using evidence collected during discovery. This involves seeking documents, such as medical records from all parties involved in the lawsuit. The process also involves swearing statements that are recorded and used in trial.

A doctor has violated his or her professional obligations when he/she did something that a reasonable prudent doctor would not do under the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. For example when a patient is taken to the hospital for a hernia procedure and then has his or the gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, referred to as the statute of limitations which varies according to the state. The injured patient has to demonstrate that the treatment was substandard and caused injury, and they must prove what monetary compensation they are entitled to.

Damages

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

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties participate in discovery. This is a procedure where documents and statements are revealed under the oath. During discovery, medical records and notes from a doctor will usually be requested.

In most 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 obligation; 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 have an excellent case for financial compensation in a medical negligence claim.

In some instances the court might make punitive damages a possibility which is intended to punish the perpetrator and discourage others from committing similar crimes. This is rare however, especially in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to award these extraordinary damages.