How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign, such as surgical clamps, remains inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice law firm malpractice: duty, deviation from the duty, and direct reason.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the harm that is known as proximate causation.

Cause of Injury

A medical malpractice claim may be filed by the injured person or a legal representative. Depending on the circumstances, this may be the spouse of the patient or an adult child parent, a guardian ad Litem or the executor or administrator of the estate of the deceased patient. The plaintiff in a medical malpractice lawsuit is the health professional. This could be a nurse, doctor, therapist or any other health professional.

Malpractice cases usually require an abundance of expert testimony. Medical experts must be able to prove whether or whether the healthcare provider was in compliance with the standard of care in their specific field. They must also testify regarding the injury that was caused by the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be very serious. A misdiagnosis could have grave consequences, like an illness that could be life-threatening. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

In order to prove a malpractice claim the patient must demonstrate four legal elements: a duty that the doctor owed to them; a breach in the breach; a resulting 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 referred to as causation, is among the most important elements in medical malpractice cases. To prove causation the plaintiff must demonstrate that they suffered their injury on the basis of probabilities due to due to the negligence of the doctor. This is a challenging task for several reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were in the process of being treated prior to. The statute of limitations on medical malpractice cases can be extended for a number of years and injuries can develop slowly.

In these cases, proving that a medical professional's breach of the standard of care which led to the injury is a challenge. However, the aggrieved patient could be able to use the evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is an integral part of the legal procedure preparation for trial, your lawyer may ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the lawsuit will then be asked to give evidence during depositions, which are the testimony under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proved the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice that it is more than likely that the doctor violated his or her duties as physician and that the violations caused injury. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor violated his or her professional obligations if he or she did something that a reasonable prudent doctor would not do under similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. For instance, a patient goes to the hospital for a hernia surgery and ends up having his or her gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within the legal period, referred to as the statute of limitations. This differs from state to state. The victim must prove that the substandard care resulted in injury, and then he or she must prove the amount of financial compensation he or she deserves.

Damages

If a medical malpractice lawyer error has caused you to suffer injury, you are entitled to be made whole. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then engage in discovery. This is a procedure which involves the disclosure of documents and statements made public under oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things: a duty of care owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages resulting from the injury. If your lawyer can prove all of these elements, then you've got an extremely strong case for financial compensation in a medical negligence claim.

In some instances, a court may decide to award punitive damages. These are designed to punish the wrongdoer and deter others from engaging in similar misconduct. It is not common, however, in medical malpractice cases. The courts must have clear evidence of malice before they may make these extraordinary awards.