How to File a Medical Malpractice Case

A patient who discovers a foreign object like surgical clamps, remain inside her body following gall bladder surgery can be able to file a lawsuit for medical malpractice lawyer malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct cause and injury.

It is important for our clients to establish a direct connection between the breach of duty and the resulting injury, known as proximate causation.

The reason for injury

A medical negligence case may be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. Based on the circumstances, this could be the spouse of the patient, Medical malpractice an adult child or parent, a guardian ad Litem or the executor or administrator of the estate of the deceased patient. In a case of medical malpractice the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Malpractice cases typically involve many expert witnesses. Medical experts are required to testify as to whether the health care provider acted within the standard of care in his or her particular field of expertise. They must also testify as to the harm resulting from the actions or inactions of a doctor.

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

In order to establish a malpractice claim the patient has to prove four legal elements: a duty the doctor owed them; a breach of this duty; a subsequent injury; and damages. In certain states, such as New York, the law restricts the amount that can be awarded in the malpractice claim.

Causation

The injury element, also known as causation, is one the most important elements of medical malpractice cases. To establish causation, the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging task due to a variety of reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing conditions that were already in the process of being treated prior to. The time period for filing a medical malpractice case could be extended for a number of years and the development of injuries can happen slowly.

In these situations it is often difficult to prove that one particular medical professional's failure to adhere to the standard of care led to the injury. However, the patient who was hurt may be able to use evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery procedure, which is a part of the legal process for preparing for a trial, your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be required to give a deposition. This is a declaration that's given under the oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will then decide if the plaintiff has proved the necessary elements of their case, including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice to show that it is more likely that the doctor acted in violation of his or her responsibilities as a physician and that those mistakes led to injuries. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which includes seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath and recorded for use at trial, are also part of this procedure.

A doctor has breached their professional duty if they did something an ordinary prudent doctor would not have done under similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is known as causation or causal proximate causes. A patient may visit the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated period of time, referred to as the statute of limitations that varies from state to state. The person who suffered the injury must prove that the negligent treatment caused injury, and then they must establish what compensation they are entitled to.

Damages

If medical negligence caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve 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 proceed to discovery, a procedure in which documents and declarations are made public under the oath. Medical records and doctor's notes are typically requested during discovery.

In the majority of states, you have to establish four elements to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of the duty; a causal relationship between the breach and the injury suffered by the patient and the damages that result from the injury. If your attorney can establish all of these elements, you will have an excellent case for financial recovery in a medical malpractice claim.

In certain cases the court can award punitive damage that is intended to punish the wrongdoer and deter others from engaging in similar crimes. It is not common however, particularly in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to award these extraordinary damages.