How to File a Medical Malpractice Case

A patient who discovers that an object foreign to her like surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

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

Cause of Injury

A medical negligence case may be initiated by the patient who was injured or a legal person to act on their behalf. Depending on the circumstances this may be the spouse of the patient, an adult child or parent, guardian ad litem, or the administrator or executor of the estate of the deceased patient. In a case involving medical malpractice the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health professional.

Malpractice cases typically involve many expert witnesses. Medical experts must be able to testify that the healthcare provider acted within the standard of care in their particular field of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

The consequences of malpractice and negligence can be very serious. A mistake in diagnosis can have devastating consequences, like life-threatening conditions. Other types of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice claim the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty; a resultant injury and damages. In some states, like New York, the law places a limit on the amount of money that could be awarded in a malpractice claim.

Causation

The injury element, also known as causation, is among the most crucial elements in a medical malpractice case. To prove causation, the plaintiff must prove that the injury was caused by the physician's negligence. This can be a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the cause of a medical malpractice lawyer negligence lawsuit stem from long-term or ongoing conditions that were present before treatment began. The time period for filing a medical malpractice attorneys malpractice lawsuit can be extended over the course of several years and injuries may develop slowly.

In these instances it is difficult to prove that a medical professional's breached the standard of care that led to the injury can be difficult. However, the aggrieved patient may be able to use the evidence gathered by the attorney, such as medical records and expert testimony.

During the discovery procedure, which is a part of the legal process prepping for a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to testify in deposition. This is a testimony that's given under oath. Your lawyer can cross-examine the doctor and contest the doctor's findings. The jury will decide whether the plaintiff has substantiated the facts of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice in court, that it is likely that the physician violated his or her responsibilities as a doctor and that these breaches resulted in injury. The attorney representing the plaintiff must demonstrate this through evidence gathered during discovery. This involves soliciting documents, including medical records as well as other documents from all parties in a lawsuit. Depositions, in which statements are made under oath, and recorded to be used at trial, are also a part of this process.

A doctor was in breach of his or her professional obligations in the event that he or her did something that a reasonably prudent doctor would not do in similar circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is known as causation or proxy causes. A patient might go to the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally-defined time frame, known as the statute of limitations, which varies by state. The victim must prove that the negligent care caused injury, and then he or she must show how much compensation he or her deserves.

Damages

You are entitled to compensation for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can assist you in obtaining an adequate and fair amount of compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties engage in discovery. This is where documents and evidence are disclosed under oath. During discovery medical records and doctor's notes are usually requested.

In most states, you have to prove four things to be compensated for the 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 and the damages that result from the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, you will have an enviable case.

In some instances, the court may award punitive damage that is designed to punish the wrongdoer and discourage others from committing similar misconduct. It is not common however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they may give these extraordinary damages.