How to File a Medical Malpractice Case

A patient who finds that an object that is foreign, such as surgical clamps, is still inside her body after gall bladder surgery could pursue a medical malpractice suit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation 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.

The reason for injury

A medical malpractice lawsuit can be filed by the injured patient or a legal person to represent them. Depending on the circumstances, this could be a spouse of the patient, an adult child or parent, a guardian ad-litem or executor or administrator of the estate of the deceased patient. In a medical malpractice case, the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to determine if the health care provider was acting in accordance with the standards of pearl medical malpractice law firm care within their specific field of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be extremely serious. For instance, a wrong diagnosis of a health problem could have life-threatening effects. Other types of injuries can include operating on the wrong body part or putting surgical instruments in the patient.

In order to establish a malpractice claim the patient has to prove four legal elements: a duty that the doctor owed to them; a breach in this duty, resulting injury; and damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

Causation

The element of injury is known as the causation. It is one of most crucial aspects of a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a challenging task due to several reasons.

Many of the injuries that are the basis of medical negligence lawsuits result from long-term or ongoing illnesses that existed before treatment started. Often the statute of limitations for a medical malpractice claim is extended over a period of years, and injuries may develop slowly.

In these cases, proving that a medical professional's failure to adhere to the standard of care led to the injury can be difficult. However, the aggrieved patient could be able to use the evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is part of the legal procedure prepping for trial, your lawyer can request the disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor defending the lawsuit will then be asked to give evidence during a deposition, which is testimony that is under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven the facts of the case including breach of duty, breach of contract and causation.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional duties and that the violations caused injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which involves the disclosure of documents, including st joseph medical malpractice lawsuit records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use in trial, are also a part of this process.

A doctor was in breach of his or her professional obligation if he or she did something that a reasonably prudent doctor would not do in similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. For instance when a patient is taken to the hospital for a hernia operation and is then able to have his or his gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a legal period, referred to as the statute of limitations. This is different from state to state. The person who has suffered injury must prove that the negligent care resulted in injury, and then prove how much monetary compensation he or she deserves.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your losses.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties participate in discovery. This is where documents and evidence are made public under the oath. Medical records and notes of the doctor are usually requested during discovery.

In many states, to receive compensation for injuries sustained by negligence, you must to establish four elements such as a duty of care that is due to the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages resulting from the injury. If your attorney can prove all of these elements in a medical negligence claim, you'll have a strong case.

In certain instances courts may give punitive damages, which are intended to penalize the culprit and deter others from committing the same offense. But, this isn't often the case in medical malpractice cases since courts require specific proof of malice to award these awe-inspiring awards.