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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps inside her body following gall bladder surgery may make a claim for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.

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

The reason for injury

A medical malpractice case can be initiated by the patient who was injured or a person legally designated to act on their behalf. Depending on the circumstances, it could be the spouse of the patient, an adult child or parent, a guardian ad litem, or the administrator or executor of the estate of the patient who died. In a case of medical malpractice the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

Malpractice cases usually require the testimony of experts. Medical experts are required to provide evidence to prove that the doctor performed his duties in accordance with the standard of care in his or her particular field of expertise. They must also testify about the injury caused by the physician's actions or actions or.

The consequences of malpractice and negligence can be very serious. A misdiagnosis could have grave consequences, like a life-threatening condition. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

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 duty; injury caused by the breach and the consequential damages. In some states, such as New York, the law puts a limit on amount of money that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element is called the causation. It is one of the most crucial elements in a medical negligence claim. To establish causation, the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging task for a number of reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were present before treatment began. Often, the statute of limitations for a medical malpractice lawsuit is extended over a period of years, and the injuries may develop slowly.

In these cases it is often difficult to prove that a specific belleville medical malpractice lawsuit professional's breach of standard of care led to the injury. However, the patient who was hurt might be able use the evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is part of the legal process for preparation for trial, your lawyer can request disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the lawsuit is then asked to give evidence during a deposition, which is testimony under the oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide then if the plaintiff has established the essential elements of their claim, which includes breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice in court, that it is more than likely that the doctor violated his or her obligations as a doctor and that these breaches resulted in injury. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for trial, are also part of this procedure.

A doctor has violated their professional obligation by doing something that a reasonable prudent physician would not have done in similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For instance an individual goes to the hospital for a procedure to treat a hernia and then has his or the gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, referred to as the statute of limitations which varies according to the state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then he or she must demonstrate the amount of compensation he or she deserves.

Damages

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

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties then begin discovery, a procedure in which documents and statements are disclosed under oath. During discovery medical records and doctor's notes are usually requested.

In most states, you have to prove four things in order to be compensated for injuries incurred by medical malpractice such as a duty due to the healthcare provider and a breach of that duty; a causal link 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 in a medical malpractice claim, you will have an enviable case.

In certain cases courts may award punitive damages, which are intended to penalize the wrongdoer and deter others from committing the same offense. This is not the norm, however, in medical malpractice cases. The courts must have clear evidence of malice before they can make these extraordinary awards.