How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps inside her body following gall bladder surgery can file a lawsuit for athens medical malpractice law firm negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.

Our clients must establish a direct link between the breach of duty, and the injury. This is known as the proximate reason.

The reason for injury

A medical negligence case may be initiated by the patient who was injured or a person legally designated to act on their behalf. Depending on the circumstances, this could be a 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 lawsuit for medical malpractice is the health professional. This could be a doctor, nurse or therapist, or any other licensed health care professional.

Expert testimony is often required in cases of malpractice. Medical experts are required to determine if the health care provider performed his duties in accordance with the standard of care in their specific field of expertise. They also have to testify to the harm that was caused by the actions or inactions of a doctor.

Injuries that result from malpractice or negligence can be quite severe. For example, a misdiagnosis of a health problem could have life-threatening effects. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

To prove a malpractice case, the patient must prove four legal elements: a duty the physician owed to them; a breach in this duty; a subsequent injury and damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements of medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This is a challenging task for several reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already in the process of being treated prior to. Often the statute of limitations for a claim involving medical malpractice is extended over a period of years and the injuries may develop slowly.

In these instances it can be difficult to prove that one particular medical professional's breach of the standards of care caused the injury. The attorney may have gathered evidence, such as expert testimony and medical records which the injured patient could use.

During the process of discovery, which is a part of the legal process for preparation for a trial, your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be asked to testify in deposition. This is a declaration that is made under oath. Your lawyer is able to cross-examine doctor and contest the doctor's findings. The jury will decide whether the plaintiff has proved the elements of the case including breach of duty and causation.

Negligence

If a medical malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breached duties caused injuries. The plaintiff's lawyer must show this through evidence gathered through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use at trial, are also part of this procedure.

A doctor has violated their professional duty when they did something that a reasonable prudent physician would not have done under the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proxy causes. For example an individual goes to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, referred to as the statute of limitations, which varies by state. The victim must prove that the negligent treatment caused injury, and they must prove what monetary compensation they're entitled to.

Damages

You are entitled to compensation for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you in obtaining an adequate and fair amount of compensation for your losses.

The first step in a lawsuit is to file and Vimeo serve a complaint, summons and other documents on all defendants. The parties then proceed to discovery, a procedure in which documents and declarations are made public under oath. During discovery medical records and doctor's notes will typically be sought.

In most states, in order to receive compensation for injuries caused through malpractice, you need to prove four things that include a duty of care due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can demonstrate all of these elements in a medical malpractice claim, you will have a convincing case.

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