How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps within her body after gall bladder surgery can 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 vital for our clients to establish a direct link between the breach of duty and the damage which is referred to as proximate cause.

The reason for injury

A medical negligence case may be filed by the person who has been injured or a person legally designated to represent them. This could be the spouse, adult child parent, guardian, or administrator of the estate of a deceased person depending on the specific circumstances. In a medical malpractice case, the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

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 for their particular area of expertise. They also need to testify on the injury caused by the physician's actions or inactions.

Injuries caused by negligence and mistakes can be catastrophic. For example, medical malpractice law firms a misdiagnosis of a medical condition could have life-threatening effects. Other kinds of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim that include 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 certain states, like New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important aspects of medical malpractice cases. To prove causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This can be a challenging job due to a variety of reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from chronic issues that existed before treatment began. Often the statute of limitation for a medical negligence claim extends over a variety of years, and the injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's violation of the standard of care which led to the injury is a challenge. However, the patient who was hurt could be able to make use of evidence collected by the attorney, such as medical documents and expert testimony.

During the discovery process, which is a component of the legal procedure getting ready for trial, your lawyer will request the disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the lawsuit is then called to testify during depositions, which are the testimony under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven all the elements of the case which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical Malpractice law firms malpractice in court, that it is likely that the doctor did not fulfill his or her duties as a doctor and that these breaches resulted in injury. The plaintiff's attorney must demonstrate this through evidence gathered during discovery. This involves soliciting documents, including medical records, from all parties involved in a lawsuit. This process also includes sworn declarations that are recorded and used in trial.

A doctor has violated the professional duties of a doctor when 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 known as causation or proximate causes. For example when a patient is taken to the hospital for a hernia operation and is later told that he or her 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 time frame, known as the statute of limitations, that varies from state to state. The injured patient has to prove that the substandard treatment caused injury, and they must show what compensation they're entitled to.

Damages

If medical negligence caused you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve 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 procedure in which documents and declarations are made public under the oath. During discovery, medical records and notes from a doctor are usually requested.

In most states, to get compensation for injuries caused through malpractice, medical malpractice law firms you need 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 caused by the injury. If your lawyer can demonstrate all of these elements in a medical negligence claim, you'll have an enviable case.

In certain cases the court could give punitive damages that is intended to punish the wrongdoer and discourage others from committing similar conduct. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they are able to make these extraordinary awards.