How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body like surgical clamps, is still inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

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

The reason for injury

A medical malpractice case can be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. Based on the specific circumstances, this 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 patient who died. The plaintiff in a medical malpractice lawsuit is the health care provider. This could be a doctor, nurse, therapist or any other licensed health care professional.

Malpractice cases usually require an abundance of expert testimony. Medical experts are required to determine if the doctor performed his duties in accordance with the standard of care in their special area of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

The consequences of malpractice and negligence can be very serious. For example, a misdiagnosis of a health issue could cause life-threatening complications. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to prove a malpractice case the patient must prove four legal elements: a duty the doctor owed them; a breach of this duty, resulting injury and damages. In certain states, such as New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The injury element is also known as the causation. It is among the most important aspects in a medical malpractice claim. To prove causation, the plaintiff must prove that they sustained the injury on a balance of probabilities as a result of the negligence of a physician. This can be a challenging job due to a variety of reasons.

For example, many injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing ailments that were in the process of being treated prior to. The time-limit for a medical malpractice lawsuit can be extended over several years and injuries may develop slowly.

In these instances, proving that a medical professional's breached the standard of care which led to the injury can be difficult. The attorney may have gathered evidence, such as expert testimony and medical records that the patient who was injured can utilize.

During the discovery process, which is a part of the legal procedure preparation for trial, your lawyer may request disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is defending the lawsuit will be called to testify during deposition, which is testimony given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the facts of the case including breach of duty, breach of contract and causation.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician breached his or her professional duties and that those violations caused injuries. The plaintiff's attorney must demonstrate this through evidence gathered during discovery. This involves requesting documents, including medical records as well as other documents from all parties in the lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has breached their professional duty by doing something that a reasonable and prudent doctor would not have done in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is called causation or causal proximate causes. A patient may go to the hospital in order to have a hernia fixed, but end up having their gall bladder removed. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, also known as the statute of limitations which is different for each state. The person who suffered the injury must prove that the negligent treatment caused injury, then they must show what compensation they deserve.

Damages

You deserve to be compensated for any injuries that you've suffered as a result of medical malpractice attorney negligence. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties engage in discovery. This is a process in which documents and declarations are presented under the oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, in order to be eligible for compensation for injuries incurred by negligence, you must to prove four things that include a duty of care owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resulting from the injury. If your attorney can establish all of these elements, you can make a a strong case for financial recovery in a medical malpractice case.

In some instances the court can award punitive damages, which are intended to punish the perpetrator and discourage others from engaging in similar conduct. This isn't often, however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to award these extraordinary damages.