How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery can sue for medical malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

Cause of Injury

A claim for medical malpractice can be filed either by the person who suffered the injury or a legal representative. It could be the spouse, adult child, parent, guardian or administrator of the estate of a deceased patient, based on the circumstances. The plaintiff in a lawsuit for medical malpractice is the health professional. This could be an accredited doctor, nurse or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts are required to be able to testify that the doctor performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify regarding injuries caused by doctor's actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. A mistake in diagnosis can have devastating consequences, such as life-threatening conditions. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

In order to prove a malpractice claim the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach in the breach; a resulting injury; and damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The element of injury is called the causation. It is among the most crucial aspects in a medical malpractice claim. To establish causation, the plaintiff must prove that they sustained their injury on a balance of probabilities due to due to the negligence of the doctor. This can be a difficult task for several reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit stem from long-term illnesses or issues that existed before treatment started. Often the statute of limitations for a medical malpractice claim extends out over a number of years and the injuries can develop gradually.

In these situations it is often difficult to prove that a specific childersburg medical malpractice Lawsuit professional's breach of standards of care caused the injury. The attorney may have gathered evidence, such as medical records and expert testimony which the injured patient can utilize.

During the discovery process, which is an integral part of the legal procedure prepping for trial, your lawyer may ask for the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor defending the lawsuit will then be asked to testify during deposition, which is testimony given under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case, including duty, breach and causation.

Negligence

If a claim for valley city medical malpractice law firm malpractice is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician did not perform his or her professional obligations and that those breaches caused injury. The plaintiff's attorney must demonstrate this using evidence collected during discovery. This includes seeking documents, such as portland medical malpractice lawsuit records and other records from all parties in the lawsuit. This also includes swearing statements that are recorded and used in trial.

A doctor has breached their professional obligation when they did something that an ordinary prudent doctor would not have done in similar circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or proximate causes. Patients may visit the hospital to have a hernia repaired, and instead, have their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, called the statute of limitations which varies according to the state. The injured patient must establish that the care provided was substandard and resulted in injury, and then he or she must demonstrate the amount of compensation he or her deserves.

Damages

If medical negligence caused you to suffer injury, you have the right to be compensated. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your losses.

The first step is filing and serving a complaint and summons on all named defendants in the lawsuit. The parties participate in discovery. This is a procedure where documents and statements are disclosed under an oath. During discovery medical records and doctor's notes are typically requested.

In the majority of states, you need to prove four things to be compensated for injuries incurred by medical malpractice: 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 damages that flow from the injury. If your lawyer can prove all these elements in a medical malpractice claim, you will have a convincing case.

In certain instances the court can decide to award punitive damages. These are designed to punish the wrongdoer and deter others from engaging in the same conduct. This is rare however, particularly in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.