How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps within her body after gall bladder surgery may bring a lawsuit against a doctor for medical negligence. A successful claim has to prove the elements of medical negligence: duty, deviation from the duty, and direct reason.

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

Causes of Injury

A medical malpractice lawsuit can be filed by the person who has been injured or by a person legally appointed to represent them. This could be a spouse or adult child or parent, guardian or administrator of the estate of a deceased person, based on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts must provide evidence to prove that the medical professional did what was required of care in their special area of expertise. They also have to testify about the injury caused by the physician's actions or inactions.

The consequences of malpractice and negligence can be quite severe. A misdiagnosis could have grave consequences, such as the possibility of a life-threatening illness. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice claim the duty owed to the patient by the doctor or a breach of the obligation; a harm caused by the breach; and the resulting damages. In certain states, like New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also referred to as causation is one of the most important elements of a medical malpractice case. To establish causation, the plaintiff must demonstrate that they suffered an injury based on a balance of probabilities because of the negligence of the doctor. This can be a challenging task due to a variety reasons.

Many injuries that are the basis of a Woodbury medical malpractice Attorney negligence suit result from long-term conditions or ongoing issues that existed before treatment started. Often the statute of limitation for a medical malpractice claim extends over a variety of years and the injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's breach of the standard of care led to the injury is a challenge. The attorney may have collected evidence, like medical records and expert testimony, that the injured patient may use.

During the discovery process, which is a part of the legal process for prepping for trial, your lawyer could request disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is defending the lawsuit will be asked to give evidence during a deposition, which is testimony under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved that the allegations of the case are true which include breach of duty, breach and causation.

Negligence

If a claim for medical malpractice is filed 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 violations caused injury. The plaintiff's attorney must be able to prove this by utilizing evidence obtained during discovery. This involves the request of documents, including medical records and other records from all parties in a lawsuit. The process also involves sworn statements that are recorded and used in trial.

A doctor was in breach of the professional duties of a doctor in the event that he or her did something that a prudent physician would not do in similar circumstances. However it must be established that the breach directly caused the injury to the patient. This is called causation or proximate causes. For example, a patient goes to the hospital for a hernia operation and is then able to have his or the gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

prairie du chien medical malpractice attorney malpractice suits must be filed within the legal period, referred to as the statute of limitations. This differs from state-to-state. The victim must demonstrate that the treatment was substandard and resulted in injury, and after that they must show what compensation they're entitled to.

Damages

You are entitled to compensation 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 summons and complaint to all named defendants in the lawsuit. The parties then participate in discovery, a process by which documents and statements are revealed under the oath. Medical records and notes of the doctor are typically sought during discovery.

In the majority of states, you need to establish four elements to be compensated for any injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you'll have a convincing case.

In certain cases the court can make punitive damages a possibility which is intended to punish the perpetrator and deter others from engaging in similar crimes. However, this is not the norm in medical malpractice cases because the courts require specific proof of malice to award these extraordinary awards.