How to File a Medical Malpractice Case

If a patient discovers that a foreign object like surgical clamps, is still inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviance from the duty, and direct reason.

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

Causes of Injury

A claim for medical malpractice can be filed 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 administrator or executor of the estate of the deceased patient. The defendant in a medical malpractice lawsuit is the health professional. This could be a doctor, nurse, therapist or any other licensed health care professional.

Malpractice cases usually involve a lot of expert testimony. Medical experts are required to determine if the medical professional performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify to the harm resulting from the actions or inactions of a doctor.

The consequences of malpractice and negligence can be quite severe. A mistake in diagnosis can have devastating consequences, including a life-threatening condition. Other types of injuries can be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice lawsuit 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 certain states like New York the law limits the amount of money awarded for 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 prove causation, a plaintiff must demonstrate that they suffered their injury on the balance of probabilities as a result due to the negligence of the doctor. This is a challenging task due to several reasons.

A lot of the injuries that form the basis for medical negligence lawsuits result from long-term conditions or ongoing conditions which were present before treatment started. The time limit for a medical malpractice case could be extended over the course of several years and injuries may develop slowly.

In these instances, it is difficult to prove that a particular medical professional's breach of standards of care caused the injury. However, the aggrieved patient might be able use evidence collected by the attorney, such as medical malpractice attorneys records and expert testimony.

During the discovery process, which is part of the legal procedure for preparing for trial, your lawyer could request disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the lawsuit will then be asked to give evidence during depositions, which are testimony that is under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the elements of the case which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice lawyers malpractice in court, that it is more likely that the doctor did not fulfill the obligations of a doctor and that these breaches resulted in injury. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, o.wanadoo.fr which includes the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use in trial, are also a part of this procedure.

A doctor has violated their professional obligation in the event that they did something reasonable and prudent doctors 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 known as causation or proxy causes. For example the patient is admitted to the hospital for a procedure to treat a hernia and is then able to have his or the gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined time frame, known as the statute of limitations that varies from state to state. The victim must prove that the negligent treatment caused injury, and they must establish what compensation they are entitled to.

Damages

If medical negligence caused you to suffer an injury, you are entitled to be made whole. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve the complaint and summons to all defendants named in the lawsuit. The parties then engage in discovery, a procedure in which documents and statements are made public under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In the majority of states, to get compensation for injuries caused by negligence, you must to establish four elements including a duty of good faith due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resulting from the injury. If your attorney can establish all of these elements, you will have an argument for financial recovery in a medical malpractice claim.

In certain instances the court could make punitive damages a possibility, which is meant to punish the wrongdoer and discourage others from committing similar conduct. It is not common, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they can decide to award these extraordinary damages.