How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps inside her body following gall bladder surgery may sue for medical negligence. A successful claim must prove the elements of medical malpractice: duty, deviance from this duty and the direct cause.

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 medical malpractice claim may be filed by the injured person or an attorney. Based 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. In a case of medical malpractice the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

Expert testimony is typically required in malpractice cases. Medical Malpractice Law Firms experts must testify as to whether or the medical professional was in compliance with the standard of care for their particular field. They must also testify to the harm that was caused by the doctor's actions or inactions.

Injuries caused by negligence and mistakes can be catastrophic. For medical malpractice law Firms instance, a wrong diagnosis of a health problem could have life-threatening effects. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

In order to prove a malpractice case the patient must demonstrate four legal elements: a duty the physician owed to them; a breach of the breach; a resulting injury; and damages. In certain states like New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The injury element, also known as causation, is one of the most important aspects of a medical malpractice case. To establish causation the plaintiff must prove that their injury was the result of the doctor's negligence. This is a challenging task for several reasons.

Many injuries that are the basis of a medical negligence suit result from long-term illnesses or conditions which were present before treatment began. Often, the statute of limitations for a medical negligence claim is extended over a period of years, and the injuries can develop gradually.

In these cases, it is difficult to prove that a specific medical professional's breach of standard of care caused the injury. However, the patient who is afflicted could be able to use evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is an integral part of the legal procedure for getting ready for trial, your lawyer will request disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is defending the lawsuit is then asked to testify during deposition, which is testimony under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved the facts of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice to show that it is more than likely that the doctor did not fulfill his or her responsibilities as a doctor and that these violations caused injury. The plaintiff's lawyer has to demonstrate this by presenting evidence through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath and medical malpractice Law firms recorded for use in trial, are also a part of this process.

A doctor has breached their professional duty when they did something that a reasonable prudent physician would not have done under similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation, or causal proximate causes. For instance when a patient is taken to the hospital for a hernia procedure and ends up having his or her gall bladder removed instead. This is medical malpractice law firm negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a specific legal time limit, known as the statute of limitations. This varies from state to state. The injured patient has to prove that the substandard treatment caused injury, and then they have to prove the amount of compensation they are entitled to.

Damages

If medical negligence has led you to suffer an injury, you deserve to be made whole. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties participate in discovery. This is a process in which documents and declarations are presented under an oath. During discovery medical records and doctor's notes are typically requested.

In most states, you have to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can prove all these elements of a medical negligence claim, you'll have a strong case.

In certain instances the court can award punitive damages, which are intended to penalize the wrongdoer and deter others from committing the same offense. It is not common however, in medical malpractice cases. The courts must have very clear evidence of malice before they can award these extraordinary damages.