How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, such as surgical clamps, remains in her body following gall bladder surgery can file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from the duty, and direct cause.

It is essential for our clients to establish a direct link between the breach of duty and the harm called proximate causation.

Cause of Injury

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

Expert testimony is often required in malpractice cases. Medical experts are required to determine if the medical professional did what was required of medical care within their specific area of expertise. They also need to testify on the harm caused by the physician's actions or inactions.

Injuries resulting from malpractice and negligence can be very serious. A misdiagnosis could have grave consequences, including an illness that could be life-threatening. Other types of injuries can involve operating on the wrong body part or putting surgical instruments in the patient.

In order to prove a malpractice claim the patient must demonstrate 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 limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one of the most important aspects of medical malpractice cases. To establish causation, the plaintiff must prove that they suffered their injury on a balance of probabilities because due to the negligence of the doctor. This can be a challenging job due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice law firm malpractice lawsuit arise from long-term or ongoing illnesses that were present before treatment began. The time-limit for a medical malpractice case can be extended for a number of years and the development of injuries can happen slowly.

In these cases it can be difficult to prove that a specific medical professional's violation of the standard of care caused the injury. However, the patient who is afflicted could be able to use evidence gathered by the attorney, such as medical records and expert testimony.

During the discovery process, which is a component of the legal procedure for prepping for trial, your lawyer will request 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 give deposition. This is a testimonies that's given under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the essential elements of their case, including 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 doctor acted in violation of the obligations of physician and that the breaches resulted in injury. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which includes requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath and recorded for use in trial, are also a part of this procedure.

A doctor has breached their professional duty if they did something a reasonable and prudent doctor would not have done under the same circumstances. It must be proved that the breach caused injury directly to the patient. This is referred to as causation or proximate causes. For example, a patient goes to the hospital for a procedure to treat a hernia and is then able to have his or his gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, also known as the statute of limitations which is different for each state. The person who suffered the injury must demonstrate that the treatment was substandard and caused injury, and they must prove what monetary compensation they deserve.

Damages

If medical negligence has led you to suffer a traumatic injury, you are entitled to be made whole. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties engage in discovery. This is a process in which documents and declarations are revealed under the oath. During discovery medical records and doctor's notes will typically be sought.

In most states, you have to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal relationship between the breach and the patient's injury and damages resulting from the injury. If your lawyer can demonstrate all of these elements in a medical malpractice claim, you'll have an enviable case.

In certain cases the court might decide to award punitive damages, which is meant to punish a wrongdoer, and deter others from engaging in similar acts. However, this is not the norm in medical malpractice cases, as the courts require extremely specific proof of malice to award these awe-inspiring awards.