How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps inside her body following gall bladder surgery is able to bring a lawsuit against a doctor for medical malpractice. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from the duty, and direct reason.

It is crucial for our clients to establish a direct connection between the breach of duty and the damage which is referred to as proximate cause.

Cause of Injury

A medical malpractice claim can be filed either by the person who was injured or an attorney. Based on the specific circumstances, this may be the spouse of the patient, an adult child or parent, guardian ad-litem or administrator or executor of the estate of the patient who died. The plaintiff in a medical malpractice suit is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

Malpractice cases typically involve many expert witnesses. Medical experts must testify as to whether the health care provider did what was required of care in their particular field of expertise. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be very serious. A misdiagnosis can have serious consequences, such as an illness that could be life-threatening. Other kinds of injuries include operating on the wrong body 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 and a breach of that duty; an injury caused by the breach; and the consequential damages. In some states such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

The element of injury is known as the causation. It is among the most crucial aspects of a medical malpractice claim. To prove causation, the plaintiff must prove that they sustained the injury on the basis of probabilities due to of the physician's negligence. This can be a difficult task for a number of reasons.

Many injuries that are the basis for a medical negligence suit result from long-term or ongoing issues that existed before treatment began. The statute of limitations on a medical malpractice case can be extended over the course of several years, and injuries can develop slowly.

In these instances it is difficult to prove that a medical professional's breached the standard of care led to the injury can be difficult. The attorney may have gathered evidence, such as expert testimony and medical records that the injured person may use.

During the process of discovery that is part of the legal procedure for preparation for a trial, your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will be asked to testify during a deposition, which is testimony that is under oath. Your lawyer is able to cross-examine doctor and challenge their conclusions. The jury will decide whether the plaintiff has established that the allegations of the case are true which include breach of duty, breach and causation.

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 physician breached his or her professional duties and that those breaches caused injuries. The attorney representing the plaintiff must be able to prove this by utilizing evidence gathered during discovery. This involves seeking documents, such as medical malpractice lawyer records and other records from all parties in a lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has breached their professional obligation when they did something that reasonable and prudent doctors would not have done under similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is called causation or proxy causes. A patient might go to the hospital in order to have a hernia repaired, and instead, have their gall bladder removed. This is medical negligence since the removal did not benefit the patient.

medical malpractice lawsuits (More Material) must be filed within a legally defined time frame, known as the statute of limitations that varies from state to state. The injured patient has to show that the inadequate treatment caused injury, then they must establish what compensation they're entitled to.

Damages

If a medical error has caused you to sustain an injury, you deserve to be compensated. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your loss.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties are involved in discovery. This is a process in which documents and declarations are made public under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, you have to prove four things to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your attorney can prove all of these elements in a medical negligence claim, you'll have an enviable case.

In some instances courts may make punitive damages available, which are intended to punish the culprit and deter others from committing the same offense. However, this isn't the norm in medical malpractice cases as the courts require extremely precise proof of malice before they can give these extraordinary awards.