How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body following gall bladder surgery could file a lawsuit for medical negligence. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from this duty and the 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.

The reason for injury

A medical malpractice lawsuit can be filed by the victim or a legal representative. Depending on the circumstances, this may be the spouse of the patient, an adult child or parent, guardian ad Litem or the administrator or executor of the estate of the patient who died. The defendant in a lawsuit for medical malpractice is the health professional. This could be a doctor, nurse or therapist, or any other health care professional.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify on whether or the medical professional was in compliance with the standard of care in their specific field. They must also testify to the harm that was caused by the actions or inactions of the doctor.

Injuries resulting from malpractice and negligence can be extremely serious. A mistake in diagnosis can have devastating consequences, like a life-threatening condition. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

To establish a malpractice claim, the patient must prove four legal elements: a duty that the doctor owed them; a breach in this duty; a resultant injury and damages. In certain states, like New York, the law restricts the amount of money that could be awarded in an action for malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements in medical malpractice cases. To prove causation, the plaintiff must show that they suffered their injury based on a balance of probabilities because of the physician's negligence. This can be a challenging task due to several reasons.

A lot of the injuries that form the basis of a medical negligence suit result from long-term conditions or ongoing issues that existed before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends out over a number of years, and injuries can develop gradually.

In these cases it can be difficult to prove that a particular medical professional's violation of the standards of care caused the injury. However, the patient who is afflicted could be able to use evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is a component of the legal procedure for getting ready for trial, your lawyer may request the disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor who is representing the case will be required to testify in deposition. This is a statement that's given under the oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide then if the plaintiff has established the essential elements of their case, including duty, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and that those violations caused harm. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which involves requesting disclosure of documents including medical malpractice lawyer records from all parties who are involved in the lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor has violated the professional duties of a doctor in the event that he or her did something that a reasonably prudent physician would not do under similar circumstances. However it must be established that the breach directly caused injury to the patient. This is known as causation or proximate cause. For example when a patient is taken to the hospital for a hernia procedure and is later told that he 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 (use thinktoy.net) must be brought within a legally prescribed period of time, referred to as the statute of limitations which varies according to the state. The injured patient has to prove that the negligent treatment caused injury, and then they have to prove the amount of compensation they deserve.

Damages

If medical negligence caused you to suffer an injury, you are entitled to be made whole. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then participate in discovery, in which documents and statements are disclosed under an oath. During discovery, medical records and doctor's notes will usually be requested.

In most states, you must establish four elements to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these elements, you will have an argument for financial compensation in a medical malpractice case.

In some instances, courts can give punitive damages, which are designed to punish the offender and deter others from engaging in similar conduct. However, this is rare in medical malpractice cases, as the courts require extremely evident proof of malice in order to make these extraordinary awards.