How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps within her body after gall bladder surgery is able to bring a lawsuit against a doctor for medical malpractice. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct cause and injury.

It is essential for our clients to establish a direct connection between the breach of duty and the damage, known as proximate causation.

Cause of Injury

A claim for medical malpractice can be filed by the person who was injured or a legal representative. This could be the spouse or adult child parent, guardian, or administrator of an estate belonging to a deceased patient depending on the specific circumstances. The plaintiff in a medical malpractice law firms - resources - malpractice lawsuit is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases typically involve an abundance of expert testimony. Medical experts must be able to prove whether or whether the health professional adhered to the standards of care in their specific field. They must also testify as to the harm resulting from the doctor’s actions or inactions.

Injuries resulting from malpractice and negligence can be extremely serious. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

To prove a malpractice claim the patient must demonstrate four legal elements: a duty the doctor owed to them; a breach in this duty; a subsequent injury and damages. In some states, such as New York, the law sets a limit on the amount of money that could be awarded in the malpractice claim.

Causation

The injury element, also referred to as causation, is one of the most important elements in medical malpractice cases. To establish causation, the plaintiff must show that they suffered an injury on the balance of probabilities as a result of the physician's negligence. This can be a difficult task due to several reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing conditions that were already present prior to the time of treatment. The time limit for medical malpractice cases can be extended over a period of time, and injuries can develop slowly.

In these instances, proving that a medical professional's failure to adhere to the standard of care led to the injury is difficult. However, the patient who was hurt could be able to make use of evidence collected by the attorney, such as medical malpractice lawyer records and expert testimony.

During the process of discovery as part of the legal process for preparing for a trial, your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit is then required to testify in deposition, which is testimony given under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the necessary elements of their case including the duty of care, breach, causation and injury.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician breached his or her professional duties and that the breaches resulted in injuries. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use at trial, are also a part of this process.

A doctor has breached their professional obligation if they did something reasonable and prudent doctors would not have done under similar circumstances. It must be proved that the breach caused the injury directly to the patient. This is referred to as causation or proximate cause. For instance, a patient goes to the hospital for a hernia surgery and ends up having his or his gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a specific legal period, referred to as the statute of limitations. This differs from state-to-state. The injured patient must establish that the negligent care caused injury, and then show how much compensation they are entitled to.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete 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 then engage in discovery. This is a process where documents and evidence are made public under an oath. Medical records and the notes of a doctor are typically requested during discovery.

In the majority of states, to receive compensation for injuries sustained by malpractice, you have to establish four elements such as a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements, then you've got an extremely strong case for financial recovery in a claim for Medical malpractice Law firms medical malpractice.

In certain instances courts may make punitive damages available, which are intended to penalize the wrongdoer and deter others from engaging in the same conduct. It is not common however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they are able to decide to award these extraordinary damages.