How to File a Medical Malpractice Case

A patient who finds that an object foreign to her like surgical clamps, remains in her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this obligation, direct cause and medical Malpractice Lawsuit injury.

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

Causes of Injury

A medical negligence case may be initiated by the patient who was injured or a person legally designated to represent them. This could be a spouse or adult child, parent, guardian or administrator of an estate belonging to a deceased patient, based on the circumstances. The plaintiff in a medical malpractice suit is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

Expert testimony is typically required in cases of malpractice. Medical experts must be able to testify that the doctor did what was required of medical care within their particular field of expertise. They also have to testify about the injury caused by the physician's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. An incorrect diagnosis can lead to serious consequences, like the possibility of a life-threatening illness. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

In order to prove a malpractice case the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach in this duty; a subsequent injury and damages. In some states such as New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element is also known as the causation. It is one of the most important aspects in a medical malpractice claim. To prove causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This can be a challenging job due to various reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term or ongoing conditions that were present prior to the time of treatment. Often the statute of limitations for a medical malpractice lawsuit extends over a variety of years and the injuries can develop gradually.

In these cases, it is difficult to prove that one particular medical malpractice law firms professional's violation of the standards of care caused the injury. The attorney could have collected evidence, like expert testimony and medical records, that the injured patient may use.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer can ask for the disclosure of expert testimony and other evidence from defendants' attorneys. The doctor defending the lawsuit is then asked to give evidence during a deposition, which is testimony that is under an 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 proven the essential elements of their claim, which includes obligation, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those breached duties caused injuries. The attorney representing the plaintiff must demonstrate this using evidence collected during discovery. This involves seeking documents, such as medical records and other records from all parties in a lawsuit. Depositions, wherein statements are made under oath and recorded for use at trial, are also a part of this procedure.

A doctor breached his or her professional duty when he/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 referred to as causation, or the proximate cause. For example when a patient is taken to the hospital for a hernia operation and is later told that he or her 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 regulated period of time, also known as the statute of limitations, which is different for medical malpractice lawsuit each state. The patient who was injured must prove that the negligent treatment resulted in injury, and after that they must establish what compensation they're entitled to.

Damages

If medical negligence has caused you to suffer a traumatic injury, you have the right to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then participate in discovery, a process in which documents and statements are revealed under an oath. During discovery medical records and notes from a doctor will typically be sought.

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 that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages that result from the injury. If your lawyer can prove all these aspects of a medical malpractice lawyers negligence claim, you will have a convincing case.

In certain cases, the court may make punitive damages a possibility that is designed to punish the perpetrator and deter others from engaging in similar crimes. It is not common however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they can make these extraordinary awards.