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How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, is still inside her body after gall bladder surgery could file a medical malpractice attorneys malpractice lawsuit (browse around this site). A successful claim must demonstrate the elements of medical malpractice law firm malpractice: duty, deviance from the duty, and direct cause.

Our clients must establish a direct connection between the breach of duty and the injury. This is known as proximate cause.

The reason for injury

A medical malpractice case can be filed by the injured patient or by a person legally appointed to represent them. It could be the spouse or adult child, parent, guardian or administrator of the estate of a deceased patient, based on the circumstances. The plaintiff in a suit for medical negligence is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in malpractice cases. Medical experts must testify as to whether the healthcare provider did what was required of care in his or her specific field of expertise. They must also testify regarding injuries caused by doctor's actions or inactions.

The consequences of negligence and mistakes can be catastrophic. A misdiagnosis can have serious consequences, such as an illness that could be life-threatening. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice case which include a duty to the patient by the physician or a breach of the obligation; an injury resulting by the breach and the resulting damages. In some states, like New York, the law puts a limit on amount that can be awarded in the malpractice claim.

Causation

The injury element, also referred to as causation, is among the most crucial elements in medical malpractice cases. To prove causation, the plaintiff must show that they sustained their injury on the balance of probabilities because due to the negligence of the doctor. This can be a difficult task due to several reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing illnesses that were present before treatment began. The time-limit for a medical malpractice case could be extended for a number of years and the development of injuries can happen slowly.

In these instances, proving that a medical professional's breached the standard of care led to the injury can be difficult. The attorney may have collected evidence, including expert testimony and medical records that the patient who was injured can use.

During the discovery process, which is part of the legal procedure for getting ready for trial, your lawyer will seek disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the lawsuit will then be asked to give evidence during deposition, which is testimony that is under an oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has substantiated all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice to show that it is more than likely that the doctor acted in violation of his or her obligations as a doctor and that these violations caused injury. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties involved in the lawsuit. This also includes sworn statements that are recorded and used in trial.

A doctor violated his or her professional duty when he/she did something that a prudent physician would not do under the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is referred to as causation, or causal proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and ends up having his or his gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, called the statute of limitations, which varies by state. The victim must prove that the negligence caused injury and then demonstrate the amount of compensation they are entitled to.

Damages

You deserve to be compensated for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is filing and serving a complaint and summons on all named defendants in the lawsuit. The parties then begin discovery, a process by which documents and statements are revealed under an oath. During discovery, medical records and doctor's notes will typically be sought.

In most states, in order to get compensation for injuries caused by negligence, you must to prove four things such as a duty of care owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your attorney can prove all of these elements in a medical malpractice claim, you will have a convincing case.

In certain instances the court might give punitive damages that is intended to punish a wrongdoer, and discourage others from committing similar crimes. However, this is not the norm in medical malpractice cases, because the courts require clear evidence of malice to award these awe-inspiring awards.