How to File a Medical Malpractice Case

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

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

Causes of Injury

A medical malpractice claim can be filed either by the person who was injured or an attorney. Based on the specific circumstances, this may be the spouse of the patient or an adult child parent, guardian ad-litem or executor or administrator of the estate of the patient who died. The plaintiff in a lawsuit for medical malpractice attorneys malpractice is the health care provider. It could be an accredited doctor, nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to testify on whether or whether the health professional adhered to the standards of treatment for their specific area. They also have to testify about injuries caused by physician's actions or actions or.

Injuries that result from malpractice or negligence can be extremely serious. An incorrect diagnosis can lead to serious consequences, such as life-threatening conditions. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the physician and a breach of that obligation; a harm caused by the breach and the consequential damages. In certain states, like New York, the law sets a limit on the amount of money that can be awarded in an injury resulting from a malpractice claim.

Causation

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

For instance, many of the injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing illnesses that were present prior to the time of treatment. The statute of limitations on a medical malpractice lawsuit can be extended over a period of time and the development of injuries can happen slowly.

In these situations, it is difficult to prove that a particular medical professional's breach of standard of care led to the injury. However, the patient who was hurt could be able to use evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is an integral part of the legal procedure preparing for trial, your lawyer could seek disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor who is defending the case will be asked to take deposition. This is a statement that's given 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 substantiated all the elements of the case, including duty, breach and causation.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor breached his or her professional duties and those violations caused injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded to be used at trial, are also part of this process.

A doctor has violated their professional obligation when they did something that a reasonable prudent physician would not have done in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or [empty] the proximate cause. Patients may visit a hospital to repair a hernia 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 brought within a legally prescribed time frame, known as the statute of limitations, which varies by state. The patient who is injured must prove that the negligent care resulted in injury, and then he or she must prove the amount of financial compensation he or she deserves.

Damages

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

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties then participate in discovery, a process by which documents and declarations are made public under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In the majority of states, you have to establish four elements to be compensated for any injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of that obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you'll have an enviable case.

In some instances the court could give punitive damages which is intended to punish the perpetrator and deter others from engaging in similar conduct. This is rare however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they may make these extraordinary awards.