How to File a Medical Malpractice Case

A patient who finds that a foreign object like surgical clamps, remains in her body after gall bladder surgery may file a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviation from the norm and direct cause.

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

The reason for injury

A medical malpractice case can be filed by the injured person or a person who is legally authorized to act on their behalf. Based on the circumstances, this could be a spouse of the patient, an adult child or parent, a guardian ad-litem or executor or administrator of the estate of the patient who died. The defendant in a medical malpractice lawsuit is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Malpractice cases usually require an abundance of expert testimony. Medical experts must be able to prove whether or the medical professional adhered to the standards of care for their specific area. They also need to testify on the injury caused by the physician's actions or actions or.

The consequences of negligence and malpractice can be severe. For example, a mistake in the diagnosis of a health problem could have life-threatening effects. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice claim: a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach; and resulting damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element is also known as the causation. It is one of the most crucial elements in a medical negligence claim. To prove causation the plaintiff must demonstrate that they suffered an injury on a balance of probabilities because of the negligence of a physician. This can be a difficult task due to a variety of reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit result from long-term conditions or ongoing issues that existed before treatment began. Often the statute of limitation for a medical negligence claim extends out over a number of years, and the injuries may develop slowly.

In these cases it is often difficult to prove that one particular medical malpractice law firms professional's failure to adhere to the standard of care caused the injury. The attorney could have gathered evidence, such as medical records and expert testimony that the patient who was injured may use.

During the discovery process, which is a part of the legal procedure preparation for trial, your lawyer will request disclosure of expert testimony and other documents from defendants' attorneys. The doctor defending the lawsuit is then asked to give evidence during depositions, which are testimony that is under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the essential elements of their case, including the duty of care, breach, causation and injury.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and those breaches resulted in injuries. The plaintiff's lawyer must be able to prove this by utilizing evidence obtained during discovery. This involves the request of documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, in which the statements are made under oath, and recorded for use in trial, are also part of this procedure.

A doctor has violated the professional duties of a doctor when he/she did something that a prudent doctor would not do under similar circumstances. However it must be established that the breach directly caused the injury to the patient. This is referred to as causation or proximate cause. A patient could visit the hospital to repair a hernia however, they end up having their gall bladder removed. This is medical malpractice attorneys negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, called the statute of limitations, which varies by state. The victim must prove that the substandard care resulted in injury, and then prove the amount of financial compensation he or she is entitled to.

Damages

You are entitled to compensation for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can help you receive the full and fair compensation for medical Malpractice lawsuit 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 which involves the disclosure of documents and statements presented under the oath. During discovery, medical records and notes from a doctor will typically be sought.

In the majority of states, medical malpractice lawsuit you have to demonstrate four elements in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal relationship between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these elements, you have a strong case for financial recovery in a medical malpractice claim.

In certain cases, courts can give punitive damages, which are designed to punish the perpetrator and discourage others from engaging in similar misconduct. This isn't often however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they may make these extraordinary awards.