How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body like surgical clamps, is still inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from this duty and direct reason.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the damage which is referred to as proximate cause.

Cause of Injury

A medical malpractice lawsuit can be filed by the injured patient or a person legally designated to act on their behalf. It could be the spouse, adult child parent, guardian, or administrator of an estate belonging to a deceased patient depending on the circumstances. The plaintiff in a medical malpractice suit is the health professional. It could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts must provide evidence to prove that the health care provider did what was required of care in their particular field of expertise. They also need to testify on the injury that was caused by the physician's actions or inactions.

Injuries resulting from malpractice and negligence can be extremely serious. For instance, a wrong diagnosis of a health problem could cause life-threatening complications. Other types of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

To establish a malpractice case the patient must prove four legal elements: a duty that the physician owed to them; a breach in the breach; a resulting injury; and damages. In some states such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element is also known as the causation. It is one of most important aspects of a medical malpractice claim. To establish causation the plaintiff must prove that the injury was the result of the doctor's negligence. This is a difficult task due to a variety reasons.

Many injuries that are the basis for a medical negligence lawsuit stem from chronic issues that existed before treatment began. The time-limit for a medical malpractice lawsuit can be extended over a period of time and the development of injuries can happen slowly.

In these cases the proof that a medical professional's breached the standard of care that led to the injury can be difficult. However, the aggrieved patient may be able to use evidence collected by the attorney, like medical documents and expert testimony.

During the discovery procedure, which is a part of the legal procedure for preparing for a trial, your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will then be asked to give evidence during a deposition, which is testimony that is under the 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 necessary elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice that it is likely that the doctor did not fulfill his or her responsibilities as medical professional and that these mistakes led to injuries. The plaintiff's attorney must demonstrate this using evidence gathered during discovery. This involves seeking documents, such as medical records from all parties involved in a lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has violated his or her professional obligation when he/she did something that a prudent physician would not do under the same circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation, or proximate causes. A patient could visit a hospital to repair a hernia, but end up having their gall bladder removed. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal time frame, also known as the statute of limitations. This varies from state to state. The person who has suffered injury must prove that the negligent care caused injury and then show how much compensation he or her deserves.

Damages

You should be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then engage in discovery. It is a process which involves the disclosure of documents and statements made public under an oath. During discovery medical records and doctor's notes will usually be requested.

In most states, you must demonstrate four elements in order to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, then you've got an argument for financial compensation in a medical malpractice claim.

In some instances the court could decide to award punitive damages which is intended to punish the perpetrator and discourage others from committing similar acts. This isn't often however, particularly in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to award these extraordinary damages.