How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps inside her body following gall bladder surgery could make a claim for medical negligence. A successful claim must demonstrate the elements of mills river medical malpractice law firm malpractice: duty, deviation from the duty, and direct cause.

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

Causes of Injury

A medical malpractice case can be filed by the person who has been injured or a person legally designated to act on their behalf. Depending on the circumstances, this could be a spouse of the patient or an adult child parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health care professional.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify whether or whether the health professional adhered to the standards of care for their particular field. They must also testify about the injury caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. A misdiagnosis could have grave consequences, including an illness that could be life-threatening. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

To prove a malpractice case the patient must demonstrate four legal elements: a duty the doctor owed to them; a breach of the breach; a resulting injury; and damages. In some states, like New York, the law sets a limit on the amount of money that can be awarded in a malpractice claim.

Causation

The injury element is also called the causation. It is one of most important aspects of a medical malpractice claim. To prove causation, the plaintiff must prove that they suffered their injury based on a balance of probabilities as a result of the negligence of the doctor. This can be a challenging task due to a variety of reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from chronic conditions which were present before treatment began. Often, the statute of limitations for a claim involving medical malpractice extends over a variety of years and the injuries can develop gradually.

In these situations it can be difficult to prove that a certain medical professional's failure to adhere to the standard of care led to the injury. However, the patient who was hurt could be able to use evidence collected by the attorney, such as medical records and expert testimony.

During the discovery process, which is a part of the legal process for preparation for a trial, your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit is then asked to give evidence during a deposition, which is the testimony under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice that it is likely that the physician violated his or her responsibilities as physician and that the mistakes led to injuries. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which includes the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath, and recorded for trial, are also part of this procedure.

A doctor was in breach of his or her professional obligation if he or she did something that a reasonably prudent doctor would not do in 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 cause. For example when a patient is taken to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This is different from state to state. The victim must prove that the care provided was substandard and caused injury, and then demonstrate the amount of compensation they are entitled to.

Damages

If medical negligence has led you to suffer injury, you have the right to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve a summons and complaint to all defendants named in the lawsuit. The parties then engage in discovery, in which documents and statements are disclosed under oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, reading medical malpractice Lawyer you need to demonstrate four elements in order to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal link between the breach and the patient's injury as well as damages that result from the injury. If your attorney can establish all of these elements, you will have an extremely strong case for financial compensation in a reading medical malpractice lawyer malpractice claim.

In certain cases the court can give punitive damages, which are intended to penalize the perpetrator and discourage others from committing the same offense. This isn't often however, especially in medical malpractice cases. The courts must have clear evidence of malice before they are able to give these extraordinary damages.