How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, remain inside her body after gall bladder surgery could pursue a medical malpractice suit. A successful claim must prove the elements of medical malpractice: duty, deviation from this duty and the direct reason.

Our clients must establish a direct connection between the breach of duty, and the injury. This is known as the proximate reason.

Cause of Injury

A medical malpractice lawsuit can be filed either by the injured person or an attorney. It could be the spouse or adult child, parent, guardian or administrator [Redirect-302] of the estate of a deceased patient, based on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. It could be a licensed nurse, doctor or therapist.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify as to whether the doctor was acting in accordance with the standards of medical care within their specific area of expertise. They must also testify to the harm caused by the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be quite severe. For instance, a misdiagnosis of a health issue could have life-threatening effects. Other types of injuries include operating on the wrong body part or putting surgical instruments in the patient.

To establish a malpractice case, the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty; a resultant injury; and damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element is also called the causation. It is among the most crucial elements in a medical malpractice claim. To prove causation, the plaintiff must demonstrate that they suffered their injury on a balance of probabilities due to due to the negligence of the doctor. This can be a challenging task due to several reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from long-term or ongoing illnesses that existed before treatment began. The statute of limitations on a medical malpractice case can be extended over a period of time and injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's failure to adhere to the standard of care which led to the injury is not easy. However, the patient who is afflicted might be able use evidence collected by the attorney, [empty] like medical documents and expert testimony.

During the discovery process which is an element of the legal procedure for preparing for a trial, your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit will then be asked to give evidence during depositions, which are testimony under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice that it is more than likely that the doctor did not fulfill the obligations of Medical Malpractice Law Firm professional and that these violations caused injury. The attorney representing the plaintiff must demonstrate this through evidence obtained during discovery. This includes soliciting documents, including medical records as well as other documents from all parties in a lawsuit. This process also involves swearing statements that are recorded and used at trial.

A doctor has violated their professional obligation in the event that they did something a reasonable and prudent doctor would not have done under the same circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. Patients may go to the hospital to repair a hernia, but end up having their gall bladder removed. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a certain time frame, also known as the statute of limitations. This is different from state to state. The injured patient must establish that the substandard care caused injury, and then show how much compensation he or she is entitled to.

Damages

If medical negligence has caused you to sustain an injury, you are entitled to 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 file and serve a complaint, summons and other documents on all defendants. The parties then participate in discovery, a process by which documents and statements are revealed under the oath. medical malpractice lawyer records and notes of a doctor are typically requested during discovery.

In the majority of states, you must establish four elements to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can prove all of these elements in a medical malpractice claim, you'll have an enviable case.

In certain cases the court can give punitive damages which is intended to punish the perpetrator and discourage others from committing similar acts. This is rare, however, in medical malpractice cases. The courts must have clear evidence of malice before they may award these extraordinary damages.