How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body, such as surgical clamps, is still inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.

It is important for our clients to establish a direct connection between the breach of duty and the damage that is known as proximate causation.

Causes of Injury

A medical malpractice lawsuit can be filed by the person who suffered the injury or an attorney. Based on the specific circumstances, this could be the spouse of the patient, an adult child or parent, a guardian ad-litem or administrator or executor of the estate of the deceased patient. In a case of medical malpractice, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

The majority of cases involving malpractice involve many expert witnesses. Medical experts are required to testify on whether or the medical professional was in compliance with the standard of care for their particular field. They also have to testify to the damage caused by the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be very severe. A misdiagnosis could have grave consequences, like the possibility of a life-threatening illness. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice lawsuit which include a duty to the patient by the physician and a breach of this duty; injury caused by the breach; and the consequential damages. In certain states, such as New York, the law restricts the amount that can be awarded for an action for malpractice.

Causation

The injury element, also known as causation, is among the most important aspects of a medical malpractice case. To prove causation, the plaintiff must prove that their injury was caused by the physician's negligence. This is a difficult task for a number of reasons.

Many of the injuries that form the basis of a medical negligence suit result from long-term illnesses or illnesses that existed before treatment started. The time period for filing a medical malpractice case can be extended for a number of years, and injuries can develop slowly.

In these cases, it is difficult to prove that a specific woodland park medical malpractice lawsuit professional's breach of the standards of care caused the injury. However, the patient who is afflicted could be able to make use of evidence gathered by the attorney, including medical documents and expert testimony.

In the discovery process as part of the legal procedure for preparation for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will be asked to testify during depositions, which are testimony under oath. Your lawyer can challenge doctor's findings and woods cross medical malpractice lawsuit (vimeo.com)-examine them. The jury will decide whether the plaintiff has established the elements of the case, including duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor violated professional obligations and that those breaches caused injury. The attorney representing the plaintiff must demonstrate this through evidence gathered during pretrial discovery. This involves soliciting documents, including medical records and other records from all parties in a lawsuit. Depositions, in which statements are made under oath, and recorded for use at trial, are also a part of this procedure.

A doctor has violated their professional obligation in the event that they did something reasonable and prudent doctors would not have done in the same circumstances. It must be established that the breach resulted in injury directly to the patient. This is known as causation or proximate causes. For example the patient is admitted to the hospital for a hernia surgery and is later told that he or the gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, referred to as the statute of limitations, that varies from state to state. The injured patient must establish that the negligent care resulted in injury, and then he or she must prove how much monetary compensation he or she is entitled to.

Damages

If medical negligence has caused you to sustain an injury, you deserve to be made whole. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your loss.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties engage in discovery. This is a procedure in which documents and declarations are revealed under an oath. During discovery, medical records and doctor's notes will usually be requested.

In the majority of states, you need to prove four things in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal link between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all these elements in a medical negligence claim, you will have a convincing case.

In certain instances the court could decide to award punitive damages that is intended to punish the wrongdoer and deter others from engaging in similar acts. However, this is rare in medical malpractice cases as courts require evident proof of malice in order to award these extraordinary awards.