How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps inside her body following gall bladder surgery may bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal elements of medical malpractice attorney negligence: duty, deviation from this duty, direct cause, and injury.

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

Causes of Injury

A medical malpractice lawsuit can be filed either by the person who was injured or a legal representative. It could be the spouse or adult child or parent, guardian or administrator of an estate belonging to a deceased patient depending on the specific circumstances. In a medical malpractice case, the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

Malpractice cases usually involve a lot of expert testimony. Medical experts must determine if the health care provider acted within the standard of treatment in their special area of expertise. They must also testify as to the damage caused by the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be quite severe. For example, a misdiagnosis of a health condition can cause life-threatening complications. Other types of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

In order to prove a malpractice claim the patient must prove four legal elements: a duty that the physician owed to them; a breach of this duty; a resultant injury; and damages. In certain states, such as New York, the law places a limit on the amount of money that could be awarded in a malpractice claim.

Causation

The injury element is also called the causation. It is one of the most crucial aspects of a medical malpractice claim. To prove causation, a plaintiff must show that they sustained their injury on a balance of probabilities because of the negligence of the doctor. This is a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing conditions that were present prior to treatment. Often the statute of limitations for a medical malpractice claim extends over a variety of years, and the injuries may develop slowly.

In these situations it can be difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. The attorney may have collected evidence, including medical records and expert testimony which the injured patient may use.

During the discovery process, which is a component of the legal procedure for preparing for trial, your lawyer could seek disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor defending the lawsuit will then be called to testify during a deposition, which is testimony given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the necessary elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice, that it is likely that the doctor did not fulfill his or her duties as physician and that the actions led to injury. The attorney representing the plaintiff must demonstrate this using evidence gathered during discovery. This involves seeking documents, such as medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for trial, are also part of this process.

A doctor has violated their professional obligation when they did something that reasonable and prudent doctors would not have done under similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. A patient might go to the hospital in order to repair a hernia but instead end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, referred to as the statute of limitations, that varies from state to state. The person who has suffered injury must prove that the negligent care resulted in injury, and then prove the amount of financial compensation they are entitled to.

Damages

You are entitled to compensation for any injuries you've suffered as a result of medical malpractice attorneys negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your loss.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties engage in discovery. It is a process where documents and statements are disclosed under the oath. During discovery, medical records and doctor's notes are typically requested.

In most states, to be eligible for compensation for injuries incurred by malpractice, you need to prove four things including a duty of good faith due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages caused by the injury. If your attorney can prove all of these elements in a medical negligence claim, you'll have a convincing case.

In some instances the court might award punitive damage that is designed to punish the wrongdoer and discourage others from committing similar acts. This is rare however, in medical malpractice cases. The courts must have clear evidence of malice before they are able to award these extraordinary damages.