How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps in her body after gall bladder surgery is able to file a lawsuit for medical negligence. A successful claim has to prove the elements of medical malpractice attorney negligence: duty, deviation from the duty, and direct cause.

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

The reason for injury

A medical malpractice claim may be filed either by the victim or a legal representative. Depending on the circumstances, it could be the spouse of the patient or an adult child parent, guardian ad-litem or executor or administrator of the estate of the deceased patient. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

Expert testimony is usually required in cases of malpractice. Medical experts must be able to prove whether or the medical professional was in compliance with the standard of care in their specific field. They must also testify regarding the injury caused by the physician's actions or actions or.

Injuries caused by negligence and negligence can be very serious. A misdiagnosis can have serious consequences, like an illness that could be life-threatening. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case which include a duty to the patient by the physician; a breach of this duty; an injury caused by the breach; and the resulting damages. In certain states, such as New York, the law puts a limit on amount of money that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements in medical malpractice cases. To prove causation the plaintiff must show that they sustained their injury on the basis of probabilities as a result of the negligence of the doctor. This can be a challenging task for a number of reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from long-term conditions or ongoing conditions which were present before treatment started. The statute of limitations on a medical malpractice case can be extended over several years and injuries can develop slowly.

In these cases, proving that a medical professional's failure to adhere to the standard of care that led to the injury can be difficult. The attorney may have gathered evidence, like expert testimony and medical records, that the injured patient can use.

During the discovery process, which is an integral part of the legal procedure preparation for trial, your lawyer can seek disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is defending the case will be asked to take deposition. This is a testimony that is given under oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has established the elements of the case including breach of duty 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 doctor violated professional duties and that those violations caused injuries. The plaintiff's attorney has to prove this by using evidence obtained during discovery. This includes soliciting documents, including medical records as well as other documents from all parties in a lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor has violated their professional duty if they did something reasonable and prudent doctors would not have done in the same circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation or proxy causes. Patients may go to the hospital to repair a hernia, and instead, have their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations, which varies according to the state. The person who has suffered injury must prove that the negligent care resulted in injury, and then prove the amount of financial compensation he or she is entitled to.

Damages

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

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

In most states, in order to receive compensation for injuries sustained by malpractice, you have to establish four elements including a duty of good faith that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your attorney can prove all these elements in a medical malpractice claim, you will have an impressive case.

In certain cases, the court may decide to award punitive damages, which is meant to punish the perpetrator and deter others from engaging in similar conduct. However, this is rare in medical malpractice attorneys malpractice cases, because the courts require precise proof of malice before they can make these extraordinary awards.