How to File a Medical Malpractice Case

A patient who discovers a foreign object, lawsuit such as surgical clamps, remains inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from this duty and the direct cause.

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

Causes of Injury

A medical malpractice claim may be filed either by the person who was injured or a legal representative. Depending on the circumstances it could be the spouse of the patient or an adult child, parent, guardian ad-litem or executor or administrator of the estate of the patient who died. The plaintiff in a medical malpractice lawsuit is the health professional. This could be a doctor, nurse, therapist or any other licensed health professional.

Malpractice cases usually require a lot of expert testimony. Medical experts are required to testify on whether or whether the health professional adhered to the standards of care in their specific field. They must also testify to the harm caused by the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be very severe. An incorrect diagnosis can lead to serious consequences, like a life-threatening condition. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim the duty owed to the patient by the doctor; a breach of this obligation; a harm caused by the breach; and resulting damages. In certain states, like New York, the law restricts the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The element of injury is called the causation. It is one of the most important aspects in a medical malpractice claim. To establish causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a challenging job due to various reasons.

Many injuries that are the basis of medical negligence lawsuits result from long-term illnesses or illnesses that existed before treatment began. The time-limit for a medical malpractice lawsuit can be extended for a number of years and injuries can develop slowly.

In these instances, proving that a medical professional's breached the standard of care that led to the injury is not easy. The attorney may have collected evidence, including medical records and expert testimony that the patient who was injured could use.

During the discovery process, which is part of the legal process for prepping for trial, your lawyer could request the disclosure of expert testimony and other evidence from defendants' attorneys. The doctor who is defending the case will be required to appear in a deposition. This is a declaration that is made under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the necessary elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

When a medical negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional duties and that those violations caused injury. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, lawsuit which includes seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. This process also involves sworn statements that are recorded and used at trial.

A doctor has breached their professional obligation in the event that they did something a reasonable prudent physician would not have done 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 proxy causes. A patient may go to the hospital to have a hernia fixed, but instead end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legal period, referred to as the statute of limitations. This differs from state to state. The victim must prove that the negligent treatment resulted in injury, and after that they have to prove the amount of 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 in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties then engage in discovery. This is a process where documents and statements are revealed under the oath. During discovery, medical records and doctor's notes will typically be sought.

In many states, to receive compensation for injuries caused by negligence, you must to prove four things such as a duty of care owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages that result from the injury. If your attorney can establish all of these elements, you have an excellent case for financial compensation in a claim for medical malpractice.

In some cases the court can decide to award punitive damages. These are intended to penalize the wrongdoer and deter others from engaging in the same conduct. However, this is rare in medical malpractice cases, as courts require precise proof of malice before they can award these extraordinary awards.