How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body after gall bladder surgery could file a lawsuit for medical negligence. A successful claim must prove the elements of medical negligence: duty, deviation from the duty, and 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.

Cause of Injury

A medical malpractice lawsuit can be filed either by the victim or a legal representative. This could be a spouse, adult child guardian, parent or administrator of an estate belonging to a deceased patient, depending on the circumstances. In a case of medical malpractice, the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Malpractice cases usually require many expert witnesses. Medical experts must provide evidence to prove that the healthcare provider performed his duties in accordance with the standard of treatment in their special area of expertise. They also have to testify to the harm that was caused by the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be quite severe. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other types of injuries include operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements of a malpractice lawsuit which include a duty to the patient by the doctor; a breach of this obligation; a harm caused by the breach and the consequential damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded for 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, a plaintiff must prove that they suffered their injury on a balance of probabilities because due to the negligence of the doctor. This can be a difficult job due to a variety of reasons.

Many injuries that are the basis of medical negligence lawsuits result from long-term illnesses or illnesses that existed before treatment started. The time period for filing a medical malpractice case can be extended over the course of several years and injuries can develop slowly.

In these cases the proof that a medical professional's violation of the standard of care which led to the injury is difficult. The attorney may have gathered evidence, including medical records and expert testimony which the injured patient could use.

During the discovery procedure as part of the legal procedure for prepping for a trial your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be required to give deposition. This is a testimony that's given under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the essential elements of their claim, which includes breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for weiser medical malpractice lawsuit malpractice to show that it is more likely that the doctor did not fulfill the obligations of physician and that the violations caused injury. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which involves asking for disclosure of 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 was in breach of his or her professional duty if he or she did something that a prudent doctor would not do in similar circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. For example the patient is admitted to the hospital for a hernia operation and is later told that he or his 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, that varies from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, and then they must prove what monetary compensation they deserve.

Damages

You should be compensated for any injuries that 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 is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then begin discovery, Center Medical Malpractice Law Firm a process in which documents and declarations are made public under oath. During discovery medical records and notes from a doctor are typically requested.

In most states, Vimeo in order to receive compensation for injuries caused by malpractice, you need to prove four things: a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can prove all of these elements, you have a strong case for financial compensation in a medical negligence claim.

In certain instances the court might give punitive damages, which is meant to punish the perpetrator and discourage others from committing similar misconduct. This is rare however, particularly in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to decide to award these extraordinary damages.