How to File a Medical Malpractice Case

A patient who finds that a foreign object, such as surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviation from this duty and the direct cause.

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

Causes of Injury

A medical malpractice lawsuit can be filed either by the person who suffered the injury or a legal representative. This can be the spouse or adult child or parent, guardian or administrator of the estate of a deceased person, depending on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

Malpractice cases usually require a lot of expert testimony. Medical experts must testify as to whether or whether the healthcare provider adhered to the standards of treatment in their specific field. They also need to testify on the injury caused by the doctor's actions or inactions.

Injuries caused by negligence and mistakes can be devastating. A misdiagnosis can have serious consequences, like an illness that could be life-threatening. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

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

Causation

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

A lot of the injuries that form the basis of a medical negligence lawsuit result from chronic conditions which were present before treatment started. The time limit for a medical malpractice lawsuit can be extended over a period of time, and injuries can develop slowly.

In these cases the proof that a medical professional's breach of the standard of care led to the injury is not easy. The attorney could have gathered evidence, including expert testimony and medical records that the injured person can utilize.

During the discovery process, which is a component of the legal process for prepping for trial, your lawyer may request the disclosure of expert testimony and other evidence from lawyers of the defendants. The doctor defending the lawsuit will then be asked to give evidence during depositions, which are testimony that is under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved that the allegations of the case are true including breach of duty and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice to show that it is more likely that the doctor acted in violation of his or her duties as physician and that the breaches resulted in injury. The plaintiff's attorney has to be able to prove this by utilizing evidence gathered during discovery. This involves seeking documents, such as medical records as well as other documents from all parties in the lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor was in breach of his or her professional obligation when he/she did something that a prudent physician would not do under the same circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or proximate cause. A patient could go to the hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal time limit, known as the statute of limitations. This is different from state to state. The injured patient has to show that the inadequate treatment caused injury, and they have to prove the amount of compensation they're entitled to.

Damages

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

The first step is to file and serve the complaint and summons to all defendants named in the lawsuit. The parties then begin discovery, in which documents and statements are disclosed under oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, in order to be eligible for compensation for injuries incurred by negligence, you must to establish four elements: a duty of care that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury; and damages resulting from the injury. If your attorney can establish all of these elements, you can make a a strong case for financial compensation in a medical negligence claim.

In some instances courts may decide to award punitive damages. These are intended to punish the culprit and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases since courts require precise proof of malice before they can make these extraordinary awards.