How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, is still inside her body after gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim has to prove the elements of medical malpractice: duty, deviation from the duty, and direct reason.

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

Causes of Injury

A medical malpractice lawsuit can be filed by the person who has been injured or by a person legally appointed to represent them. It could be the spouse, adult child guardian, parent or administrator of the estate of a deceased patient depending on the circumstances. In a case involving medical malpractice the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to determine if the healthcare provider acted within the standard of care in their specific field of expertise. They must also testify about the injury caused by the physician's actions or actions or.

The consequences of negligence and mistakes can be catastrophic. For instance, a wrong diagnosis of a medical malpractice lawsuits condition could cause life-threatening complications. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

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

Causation

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

For instance, many injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. The statute of limitations on a medical malpractice case could be extended over several years and injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's breach of the standard of care that led to the injury is a challenge. The attorney could have collected evidence, like medical records and expert testimony that the patient who was injured may use.

In the discovery process that is part 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 representing the case will be asked to take deposition. This is a statement which is under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the essential elements of their case, including duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury in a case of medical malpractice, that it is more likely that the doctor violated his or her duties as a doctor and that these actions led to injury. The plaintiff's attorney must prove this by using evidence gathered during pretrial discovery. This includes the request of documents, including medical records from all parties involved in the lawsuit. This also includes sworn statements that are recorded and used in trial.

A doctor has breached their professional obligation if they did something a reasonable prudent physician would not have done in similar circumstances. It must be established that the breach caused injury directly to the patient. This is called causation or causal proximate causes. For example when a patient is taken to the hospital for a hernia operation and is then able to have his or the gall bladder removed instead. This is medical negligence since the removal was not beneficial for 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 injured patient has to demonstrate that the treatment was substandard and caused injury, and they have to prove the amount of compensation they deserve.

Damages

If medical negligence caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your losses.

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. This is a process where documents and evidence are disclosed under oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, to be eligible for compensation for injuries incurred by malpractice, you need to prove four things that include a duty of care that is due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages that result from the injury. If your lawyer can prove all of these elements, you will have an argument for financial compensation in a medical malpractice claim.

In certain cases the court might make punitive damages a possibility that is designed to punish the wrongdoer and deter others from engaging in similar crimes. This is not the norm however, especially in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.