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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 in her body following gall bladder surgery could sue for medical negligence. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.

It is important for our clients to establish a direct causal connection between the breach of duty and the resulting injury which is referred to as proximate cause.

Cause of Injury

A medical malpractice settlement malpractice case can be initiated by the patient who was injured or by a person legally appointed to represent them. Depending on the circumstances, it could be the spouse of the patient or an adult child parent, guardian ad litem or the administrator or executor of the estate of the deceased patient. The plaintiff in a suit for medical negligence is the health professional. This could be a doctor, nurse, Medical Malpractice Case therapist or any other licensed health professional.

Expert testimony is often required in malpractice cases. Medical experts are required to be able to testify that the healthcare provider was acting in accordance with the standards of treatment in their particular field of expertise. They also have to testify about injuries caused by physician's actions or inactions.

Injuries resulting from malpractice and negligence can be quite severe. For instance, a misdiagnosis of a medical condition could have life-threatening effects. Other types of injuries can involve operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements in a malpractice case that include a duty owed to the patient by the physician and a breach of that duty; injury caused by the breach and resulting damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also referred to as causation is one of the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must show that they sustained the injury on a balance of probabilities because of the physician's negligence. This can be a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing ailments that were present prior to the time of treatment. Often the statute of limitations for a claim involving medical malpractice extends over a variety of years, and the injuries may develop slowly.

In these cases the proof that a medical malpractice lawyer professional's breach of the standard of care and led to the injury can be difficult. However, the patient who was hurt might be able use evidence collected by the attorney, including medical documents and expert testimony.

During the discovery procedure which is an element of the legal process prepping for a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be asked to give deposition. This is a declaration which is under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the essential elements of their case, including duty, breach, causation and injury.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician violated professional duties and that those violations caused injuries. The plaintiff's lawyer must show this through evidence gathered through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. The process also involves the recording of sworn statements and used at trial.

A doctor violated his or her professional obligations when he/she did something that a reasonable prudent doctor would not do in similar circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation or proximate causes. For example when a patient is taken to the hospital for a hernia surgery and then has his or the gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations, which varies by state. The patient who is injured must prove that the negligence caused injury and medical malpractice case then he or she must show how much compensation he or she deserves.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we can assist you in obtaining an adequate and fair amount of compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then engage in discovery. This is a process where documents and evidence are made public under oath. medical malpractice law records and the doctor's notes 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 such as a duty due to the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your attorney can establish all of these elements, you can make a an excellent case for financial recovery in a medical malpractice claim negligence claim.

In certain instances, the court may decide to award punitive damages which is intended to penalize a wrongdoer and discourage others from committing similar acts. However, this is rare in medical malpractice cases because the courts require evident proof of malice in order to award these awe-inspiring awards.