How to File a Medical Malpractice Case

A patient who finds that a foreign object like surgical clamps, remains in her body after gall bladder surgery may be able to file a lawsuit for medical malpractice. A successful claim has to prove the elements of medical malpractice: duty, deviance from this duty and direct reason.

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

Causes of Injury

A medical malpractice case can be filed by the injured person or by a person legally appointed to represent them. This could be a spouse, adult child, parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. In a case of medical malpractice, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

Expert testimony is typically required in cases of malpractice. Medical experts are required to provide evidence to prove that the medical professional performed his duties in accordance with the standard of treatment in their specific field of expertise. They must also testify to the harm that was caused by the actions or inactions of the doctor.

Accidents caused by negligence or mistakes can be devastating. For instance, a misdiagnosis of a health condition can cause life-threatening complications. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

In order to prove a malpractice claim the patient must prove four legal elements: a duty that the doctor owed to them; a breach of this duty, resulting injury; and damages. In certain states, such as New York, the law restricts the amount of money that could be awarded for an action for malpractice.

Causation

The injury element, also known as causation, is one the most important aspects of medical malpractice cases. To prove causation the plaintiff must prove that they suffered their injury on a balance of probabilities as a result of the negligence of a physician. This can be a challenging task for several reasons.

A lot of the injuries that form the basis for a medical negligence lawsuit stem from long-term or ongoing illnesses that existed before treatment started. The statute of limitations on a medical malpractice case can be extended for a number of years and injuries may develop slowly.

In these instances it can be difficult to prove that a particular medical professional's failure to adhere to the standard of care caused the injury. The attorney may have collected evidence, including medical records and expert testimony that the injured person may use.

During the discovery process, which is a part of the legal procedure for prepping for trial, your lawyer can ask for the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is representing the case will be required to appear in a deposition. This is a testimony that is made under an oath. Your lawyer can cross-examine the doctor and contest the doctor's findings. The jury will then decide if the plaintiff has proven the essential elements of their claim, which includes duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice that it is more than likely that the physician violated his or her obligations as a doctor and that these breaches resulted in injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath, and recorded for trial, are also part of this process.

A doctor was in breach of his or her professional duty in the event that he or her did something that a prudent physician would not do under similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. For example the patient is admitted to the hospital for a hernia surgery and is then able to have his or her gall bladder removed instead. This is longview medical malpractice attorney malpractice since the removal of the gall bladder was not beneficial to the patient.

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

Damages

If medical negligence caused you to sustain an injury, you have the right to be compensated. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then engage in discovery. This is a procedure where documents and evidence are made public under oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, you must prove four things in order to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal relationship between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these elements, you will have an argument for financial compensation in a medical malpractice case.

In some instances the court could award punitive damage that is designed to punish the perpetrator and deter others from engaging in similar conduct. However, this is rare in medical malpractice cases as the courts require extremely clear evidence of malice to give these extraordinary awards.