How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps within her body following gall bladder surgery could bring a lawsuit against a doctor for medical negligence. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

It is important 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 claim for medical malpractice can be filed by the person who was injured or a legal representative. This could be the spouse, adult child guardian, parent or administrator of an estate belonging to a deceased patient, depending on the circumstances. The plaintiff in a medical malpractice suit is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify whether or not the health care provider adhered to the standards of care for their particular field. They must also testify about the injury that was caused by the doctor's actions or inactions.

Accidents caused by negligence or malpractice can be severe. A misdiagnosis could have grave consequences, like an illness that could be life-threatening. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice case the patient has to prove four legal elements: a duty that the doctor owed to them; a breach of this duty; a resultant injury and damages. In some states such as New York the law limits the amount of money awarded in a malpractice case.

Causation

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

A lot of the injuries that form the basis for medical malpractice law firm negligence lawsuits result from long-term conditions or ongoing conditions which were present before treatment started. The time-limit for medical malpractice cases can be extended over the course of several years and injuries can develop slowly.

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

During the process of discovery, which is a part of the legal process for preparing for a trial, your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit is then asked to testify during deposition, which is testimony given under the oath. Your lawyer may cross-examine the doctor and contest their conclusions. The jury will decide if the plaintiff has proven all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice in court, that it is more likely that the doctor violated his or her obligations as a doctor and that these breaches resulted in injury. The plaintiff's lawyer must demonstrate this using evidence obtained during discovery. This involves soliciting documents, including medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor breached his or her professional duty when he/she did something that a reasonably prudent physician would not do in the same circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proxy causes. A patient could visit a hospital to repair a hernia, but instead end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

medical malpractice lawsuits (http://gpnmall.gp114.net/bbs/board.php?Bo_table=qa&wr_id=151917) must be brought within a legally regulated period of time, called the statute of limitations, which varies by state. The injured patient has to demonstrate that the treatment was substandard and resulted in injury, and after that they must establish what compensation they are entitled to.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your loss.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then engage in discovery, a process in which documents and statements are disclosed under oath. During discovery medical malpractice attorney records and doctor's notes will typically be sought.

In most states, you have to prove four things in order to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your attorney can establish all of these elements, you can make a an excellent case for financial compensation in a medical malpractice case.

In certain instances, courts can give punitive damages, which are designed to punish the offender and deter others from engaging in similar misconduct. This is not the norm however, particularly in medical malpractice cases. The courts must be able to prove evidence of malice before they can decide to award these extraordinary damages.