How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps in her body after gall bladder surgery can sue for medical malpractice lawsuits malpractice. A successful claim has to prove the elements of medical negligence: duty, deviation from the norm and direct cause.

It is crucial for our clients to establish a direct link between the breach of duty and the resulting injury called proximate causation.

The reason for injury

A medical malpractice lawsuit can be filed either by the person who suffered the injury or an attorney. Based on the circumstances, this could be a spouse of the patient or an adult child, parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. In a medical negligence case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health professional.

Malpractice cases typically involve the testimony of experts. Medical experts are required to be able to testify that the Medical Malpractice Law Firm professional did what was required of care in his or her particular field of expertise. They also have to testify about the harm caused by the physician's actions or actions or.

Injuries that result from malpractice or negligence can be quite severe. For example, a mistake in the diagnosis of a medical condition could have life-threatening effects. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements in a malpractice case the duty owed to the patient by the doctor or a breach of the obligation; a harm caused by the breach; and the resulting damages. In certain states, such as New York, the law places a limit on the amount of money that can be awarded for the malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements in 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 challenging job due to a variety of reasons.

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already present prior to the time of treatment. The statute of limitations on a medical malpractice lawsuit can be extended over several years and the development of injuries can happen slowly.

In these instances the proof that a medical professional's violation of the standard of care and led to the injury can be difficult. However, the person who was harmed could be able to use evidence gathered by the attorney, like medical records and expert testimony.

During the discovery process, which is a part of the legal procedure for preparing for trial, your lawyer can request disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is representing the case will be required to give deposition. This is a statement which is under an oath. Your lawyer may cross-examine the doctor and contest the doctor's findings. The jury will then decide whether the plaintiff has proven the necessary elements of their case including duty, breach, causation and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice that it is more likely that the physician violated his or her responsibilities as medical professional and that these breaches resulted in injury. The plaintiff's attorney must be able to prove this by utilizing evidence gathered during pretrial discovery. This includes requesting documents, including medical records, from all parties involved in a lawsuit. Depositions, in which statements are made under oath, and recorded to be used at trial, are also a part of this process.

A doctor has violated his or her professional obligation if he or she did something that a prudent physician would not do under similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or causal proximate causes. For example an individual goes to the hospital for a hernia procedure and is then able to have his or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This is different from state to state. The injured patient must establish that the negligence caused injury, and then prove how much monetary compensation they are entitled to.

Damages

If a medical error has caused you to suffer 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 named defendants in the lawsuit. The parties then engage in discovery, a procedure in which documents and statements are revealed under oath. During discovery, medical records and doctor's notes will typically be sought.

In the majority of states, you have to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of that duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can establish all of these elements, then you've got a strong case for financial recovery in a medical malpractice case.

In some instances courts may give punitive damages, which are intended to punish the culprit and deter others from committing the same offense. However, this isn't the norm in medical malpractice cases, as courts require evident proof of malice in order to make these extraordinary awards.