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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body following gall bladder surgery could make a claim for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.

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

The reason for injury

A medical malpractice lawsuit can be filed by the injured person or a person legally designated to act on their behalf. It could be the spouse or adult child or parent, guardian or administrator of the estate of a deceased patient, 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 professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to determine if the healthcare provider was acting in accordance with the standards of treatment in their particular field of expertise. They must also testify to the harm resulting from the actions or inactions of the doctor.

Injury caused by negligence and negligence can be very serious. A misdiagnosis could have grave consequences, such as an illness that could be life-threatening. Other types of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements in a malpractice claim which include a duty to the patient by the doctor and a breach of that obligation; an injury resulting by the breach and resulting damages. In certain states, like New York, the law puts a limit on amount of money that could be awarded for a malpractice claim.

Causation

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

Many of the injuries that form the basis of a medical negligence lawsuit stem from long-term conditions or ongoing conditions which were present before treatment began. The time-limit for a Medical Malpractice Law Firms malpractice case could be extended for a number of years and injuries may develop slowly.

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

During the discovery process, which is a part of the legal process for preparation for trial, your lawyer can request disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the case will be asked to testify in a deposition. This is a declaration that is given under oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. 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 jurors, when filing a claim for medical malpractice that it is likely that the doctor violated his or her duties as a physician and that those breaches resulted in injury. The plaintiff's lawyer has to prove this using evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, in which statements are made under oath and recorded to be used at trial, are also part of this procedure.

A doctor was in breach of his or her professional obligation in the event that he or her did something that a reasonable 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 referred to as causation or proximate causes. A patient could go to the hospital in order to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, called the statute of limitations which varies according to the state. The person who suffered the injury must show that the inadequate treatment caused injury, then they must establish what compensation they deserve.

Damages

You are entitled to compensation for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then engage in discovery, a procedure in which documents and statements are made public under oath. Medical records and the notes of a doctor are typically requested during discovery.

In the majority of states, you must prove four things to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements of a medical negligence claim, you will have a convincing case.

In certain cases, the court may give punitive damages that is designed to penalize a wrongdoer and discourage others from committing similar acts. This is rare however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they are able to make these extraordinary awards.