How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, remains in her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice lawsuit can be filed either by the victim or a legal representative. This could be a spouse, adult child or parent, guardian or administrator of a deceased patient's estate, depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to testify whether or whether the health professional followed the standard of care for their specific area. They must also testify to the harm that was caused by the doctor’s actions or inactions.

The consequences of negligence and mistakes can be devastating. For instance, a wrong diagnosis of a health issue could cause life-threatening complications. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

To prove a malpractice case, the patient must prove four legal elements: a duty that the doctor owed them; a breach in this duty; a subsequent injury; and damages. In certain states, like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also known as causation, is one of the most crucial elements in a medical malpractice case. To prove causation, the plaintiff must prove that their injury was the result of the doctor's negligence. This is a difficult job due to a variety of reasons.

For example, many injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing ailments that were present prior to the time of treatment. Often the statute of limitation for a medical malpractice lawsuit extends over a number of years and the injuries can develop gradually.

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

In the discovery process which is an element of the legal process for preparation for a trial, your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is representing the case will be asked to appear in a deposition. This is a statement that's given under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proved the essential elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice in court, that it is likely that the doctor did not fulfill his or her obligations as a physician and that those breaches resulted in injury. The plaintiff's lawyer has to show this through evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This also includes sworn declarations that are recorded and used at trial.

A doctor has violated their professional duty in the event that they did something a reasonable and prudent doctor would not have done in similar circumstances. However it must be established that the breach directly caused the injury to the patient. This is known as causation or proximate causes. Patients may go to the hospital to have a hernia fixed, however, they end up having their gall bladder removed. 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 certain time limit, known as the statute of limitations. This differs from state to state. The victim must demonstrate that the treatment was substandard and caused injury, then they must show what compensation they're entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties then begin discovery, in which documents and declarations are made public under oath. medical malpractice attorneys records and notes of a doctor are typically requested during discovery.

In most states, you must demonstrate four elements in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider; a breach of that duty; a causal relationship between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can prove all these aspects of a medical negligence claim, you will have a strong case.

In certain cases the court could make punitive damages a possibility that is intended to punish a wrongdoer, and discourage others from committing similar conduct. But, this isn't often the case in medical malpractice cases because the courts require evident proof of malice in order to make these extraordinary awards.