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How to File a Medical Malpractice Case

A patient who discovers a foreign object like surgical clamps, remains in her body after gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful lawsuit must prove 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 known as proximate cause.

Cause of Injury

A claim for medical malpractice attorney malpractice can be filed by the injured person or a legal representative. Based on the specific circumstances, this could be the spouse of the patient or an adult child parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. The defendant in a suit for medical negligence is the health professional. This could be an accredited doctor, nurse or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts must testify as to whether or not the health care provider adhered to the standards of care for their specific area. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

Injury caused by negligence and mistakes can be catastrophic. A mistake in diagnosis can have devastating consequences, such as a life-threatening condition. Other types of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the doctor; a breach of this obligation; an injury resulting by the breach; and the consequential damages. In certain states, such as New York, the law restricts the amount of money that can be awarded for an injury resulting from a malpractice claim.

Causation

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

Many of the injuries that are the basis for a medical negligence suit result from long-term or ongoing conditions that existed prior to when treatment started. The time-limit for a medical malpractice case can be extended for a number of years and injuries can develop slowly.

In these instances it can be difficult to prove that one particular medical professional's breach of the standards of care caused the injury. However, the aggrieved patient may be able to use the evidence collected by the attorney, such as medical records and expert testimony.

During the discovery process, which is part of the legal procedure for preparation for trial, your lawyer could request disclosure of expert testimony and other evidence from defendants' attorneys. The doctor who is representing the case will be asked to appear in deposition. This is a testimony which is under an oath. Your lawyer can cross-examine the doctor and challenge their conclusions. The jury will then decide if the plaintiff has proved the essential elements of their claim, which includes breach of duty, causation, breach of duty 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 doctor did not perform his or her professional obligations and that those breaches resulted in injuries. The plaintiff's lawyer must demonstrate this through evidence obtained during discovery. This involves seeking documents, such as medical records and other records from all parties in the lawsuit. The process also involves the recording of sworn statements and used at trial.

A doctor was in breach of his or her professional obligation in the event that he or her did something that a reasonable prudent physician would not do under the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or proxy causes. For instance when a patient is taken to the hospital for a hernia surgery and is later told that he or the gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, Medical Malpractice Law Firm referred to as the statute of limitations that varies from state to state. The patient who was injured must prove that the substandard treatment caused injury, and then they must prove what monetary compensation they deserve.

Damages

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

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

In most states, you need to prove four things to be compensated for the injuries caused by Medical malpractice Law firm malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal connection between the breach and the injury suffered by the patient and the 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, a court may make punitive damages available, which are designed to punish the wrongdoer and deter others from engaging in the same conduct. However, this is not the norm in medical malpractice cases, Medical Malpractice Law Firm as the courts require extremely precise proof of malice before they can give these extraordinary awards.