How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps in her body following gall bladder surgery may bring a lawsuit against a doctor for medical negligence. A successful claim has to prove the elements of medical malpractice: duty, deviance from the norm and Vimeo direct cause.

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

Causes of Injury

A garden city medical malpractice attorney malpractice claim may be filed by the injured person or an attorney. Depending on the circumstances it could be the spouse of the patient or an adult child, parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. The defendant in a suit for medical negligence is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify on whether or whether the health professional was in compliance with the standard of care in their specific field. They must also testify to the harm resulting from the doctor's actions or inactions.

Injury caused by negligence and malpractice can be severe. An incorrect diagnosis can lead to serious consequences, such as the possibility of a life-threatening illness. Other types of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

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

Causation

The injury element, also referred to as causation, is one of the most crucial elements in medical malpractice cases. To establish causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This is a challenging task due to several reasons.

Many injuries that are the basis for medical negligence lawsuits result from chronic conditions which were present before treatment started. The time period for filing medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these instances the proof that a medical professional's breach of the standard of care that led to the injury is a challenge. The attorney may have collected evidence, like medical records and expert testimony which the injured patient can use.

During the process of discovery, which is a part of the legal process preparing for Vimeo a trial, your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be asked to testify in a deposition. This is a testimony that's given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven the elements of the case, including duty, breach 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 a physician and that those mistakes led to injuries. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which includes the disclosure of documents, including vandalia medical malpractice law firm records from all parties involved in the lawsuit. This process also includes sworn statements that are recorded and used at trial.

A doctor breached his or her professional obligation when he or she did something that a reasonable prudent doctor would not do in the same circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation or the proximate cause. For example an individual goes to the hospital for a hernia surgery and ends up having his or her gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice suits must be filed within the legal period, referred to as the statute of limitations. This is different from state to state. The injured patient has to demonstrate that the treatment was substandard and caused injury, and then they must establish what compensation they are entitled to.

Damages

If medical negligence has caused you to suffer an injury, you have the right to be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties participate in discovery. This is a process where documents and statements are presented under oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, you need to prove four things in order to be compensated for any injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal relationship between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all these elements of a medical negligence claim, you will have a convincing case.

In some instances, the court may award punitive damage, which is meant to punish the perpetrator and deter others from engaging in similar acts. However, this is rare in medical malpractice cases, as the courts require extremely clear evidence of malice to award these extraordinary awards.