How to File a Medical Malpractice Case

A patient who finds that a foreign object like surgical clamps, remains in her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from this duty and the direct cause.

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

The reason for injury

A medical malpractice case can be filed by the injured person or a legal person to act on their behalf. This could be a spouse, adult child guardian, parent or administrator of the estate of a deceased patient depending on the specific circumstances. The defendant in a medical malpractice suit is the health professional. This could be a licensed nurse, doctor or therapist.

Expert testimony is often required in malpractice cases. medical malpractice law firm experts are required to testify whether or not the health care provider followed the standard of care for their particular area of expertise. They must also testify about the injury caused by the physician's actions or inactions.

The consequences of malpractice and negligence can be very severe. A misdiagnosis can have serious consequences, such as a life-threatening condition. Other kinds of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

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

Causation

The injury element, also referred to as causation is one of the most crucial elements in medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This can be a difficult task for several reasons.

For example, many injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing ailments that were present before treatment began. Often, the statute of limitations for a claim involving medical malpractice extends over a variety of years and the injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's breach of the standard of care that led to the injury can be difficult. The attorney may have collected evidence, like expert testimony and medical records which the injured patient may use.

During the process of discovery that is part of the legal process prepping for a trial your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit is then asked to give evidence during depositions, which are testimony that is under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated all the elements of the case which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice, that it is more than likely that the physician violated his or her responsibilities as medical professional and that these breaches resulted in injury. The lawyer for the plaintiff must show this through evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath and recorded for use in trial, are also a part of this process.

A doctor has violated their professional obligation when they did something that a reasonable and prudent doctor would not have done under the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or the proximate cause. Patients may visit a hospital to have a hernia fixed, but instead end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally defined time frame, known as the statute of limitations that varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, and then they must show what compensation they are entitled to.

Damages

If medical malpractice lawsuit negligence has caused you to suffer an injury, you have the right to be compensated. 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, summons and other documents on all defendants. The parties participate in discovery. This is a procedure in which documents and declarations are revealed under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, to receive compensation for injuries sustained by negligence, you must to prove four things: a duty of care due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages that result from the injury. If your attorney can establish all of these elements, you have an extremely strong case for financial recovery in a medical malpractice law firms negligence claim.

In some instances, a court may decide to award punitive damages. These are designed to punish the wrongdoer and deter others from engaging in similar misconduct. It is not common however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they may award these extraordinary damages.