How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her like surgical clamps, remains in her body after gall bladder surgery may be able to file a lawsuit for medical malpractice. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from the duty, and direct reason.

It is important for our clients to establish a direct connection between the breach of duty and the resulting injury that is known as proximate causation.

Cause of Injury

A medical malpractice attorney malpractice case can be filed by the injured patient or by a person legally appointed to act on their behalf. Based on the specific circumstances, it could be the spouse of the patient or an adult child, parent, guardian ad litem, or the executor or administrator of the estate of the deceased patient. The defendant in a medical malpractice suit is the health professional. This could be a nurse, doctor, therapist or any other licensed health professional.

Malpractice cases usually involve a lot of expert testimony. Medical experts are required to determine if the healthcare provider acted within the standard of medical care within their particular field of expertise. They must also testify to the harm caused by the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be quite severe. For example, a mistake in the diagnosis of a medical malpractice law firm condition could result in life-threatening consequences. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case the duty owed to the patient by the doctor and a breach of that obligation; an injury resulting by the breach; and resulting damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded in the malpractice claim.

Causation

The injury element is also called the causation. It is one of the most important elements in a medical negligence claim. To prove causation, a plaintiff must prove that they sustained their injury based on a balance of probabilities because of the negligence of a physician. This can be a difficult task due to a variety of reasons.

For instance, a lot of 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. Often, the statute of limitations for a medical malpractice claim extends over a number of years, and the injuries may develop slowly.

In these cases, it is difficult to prove that one particular medical professional's failure to adhere to the standard of care caused the injury. The attorney could have gathered evidence, like expert testimony and medical records that the patient who was injured may use.

During the discovery process, which is part of the legal procedure for preparing for trial, your lawyer can seek disclosure of expert testimony and other documents from defendants' attorneys. The doctor defending the lawsuit will then be required to testify in depositions, which are testimony that is under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice that it is more likely that the doctor did not fulfill his or her obligations as a doctor and that these breaches resulted in injury. The plaintiff's lawyer must demonstrate this using evidence gathered during discovery. This includes requesting documents, including medical records, from all parties involved in the lawsuit. Depositions, where statements are made under oath, and recorded for trial, are also part of this process.

A doctor has violated their professional obligation if they did something reasonable and prudent doctors would not have done in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. For example when a patient is taken to the hospital for a procedure to treat a hernia and is later told that he or his gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal period, referred to as the statute of limitations. This differs from state to state. The patient who was injured must demonstrate that the treatment was substandard and resulted in injury, and after that they must prove what monetary compensation they deserve.

Damages

If medical negligence has caused you to suffer an injury, you deserve to be compensated. At Scaffidi & Associates, we will assist you in receiving the full and fair 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 then begin discovery, a process in which documents and statements are made public under the oath. medical malpractice lawyer records and notes of the doctor are typically sought during discovery.

In many states, to get compensation for injuries caused by negligence, you must to establish four elements: a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages resulting from the injury. If your lawyer can prove all of these elements, you can make a an extremely strong case for financial compensation in a medical malpractice case.

In certain cases the court might make punitive damages a possibility, which is meant to penalize a wrongdoer and deter others from engaging in similar crimes. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they are able to decide to award these extraordinary damages.