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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her, such as surgical clamps, is still inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this obligation, direct cause and injury.

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

Causes of Injury

A medical negligence case may be filed by the injured person or a legal person to represent them. This could be a spouse or adult child or parent, guardian or administrator of an estate belonging to a deceased patient depending on the circumstances. The plaintiff in a lawsuit for medical malpractice is the health professional. This could be a nurse, doctor, therapist or any other health professional.

Expert testimony is usually required in malpractice cases. Medical experts must testify as to whether or whether the health professional followed the standard of care in their specific field. They must also testify regarding the harm caused by the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be extremely serious. For example, a mistake in the diagnosis of a health condition can have life-threatening consequences. Other kinds of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the physician and a breach of this duty; injury caused by the breach and the consequential damages. In certain states, such as New York, the law places a limit on the amount that can be awarded in an action for malpractice.

Causation

The element of injury is called the causation. It is one of the most important aspects of a medical malpractice claim. To prove causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This is a difficult task for a number of reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing illnesses that were present prior to the time of treatment. The time period for filing a medical malpractice lawsuit can be extended over several years and injuries can develop slowly.

In these instances it is often difficult to prove that a particular medical professional's breach of the standard of care led to the injury. The attorney may have collected evidence, like expert testimony and medical records that the injured person can utilize.

During the discovery process, which is an integral part of the legal procedure preparation for trial, your lawyer could request the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is representing the case will be asked to appear in deposition. This is a testimonies that's given under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved all the elements of the case including breach of duty and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff has to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breaches caused harm. The plaintiff's lawyer 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 use at trial, are also a part of this process.

A doctor violated his or her professional obligation if he or she did something that a prudent doctor would not do in similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is known as causation or proximate cause. A patient might go to the hospital to have a hernia repaired, and instead, have their gall bladder removed. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legal timeframe, also known as the statute of limitations. This varies from state to state. The victim must prove that the negligent treatment caused injury, and they must show what compensation they're entitled to.

Damages

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

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties are involved in discovery. It is a process where documents and evidence are made public under the oath. During discovery, medical records and doctor's notes are usually requested.

In most states, in order to receive compensation for injuries caused by negligence, you must to prove four things such as a duty of care owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements of a medical negligence claim, you'll have an impressive case.

In some instances courts may give punitive damages, which are intended to punish the offender and deter others from engaging in similar conduct. However, this is not the norm in medical malpractice cases, because the courts require evident proof of malice in order to give these extraordinary awards.