How to File a Medical Malpractice Case

A patient who finds that an object foreign to her like surgical clamps, is still inside her body following gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct causes, and injury.

It is important for our clients to establish a direct connection between the breach of duty and the damage which is referred to as proximate cause.

Causes of Injury

A medical negligence case may be filed by the injured person or a legal person to act on their behalf. This can be the spouse or adult child or parent, guardian or administrator of the estate of a deceased person, depending on the circumstances. In a medical negligence case, the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health professional.

The majority of cases involving malpractice involve many expert witnesses. willmar medical malpractice law firm (vimeo.com) experts are required to be able to testify that the doctor acted within the standard of care in their specific area of expertise. They must also testify to the harm resulting from the doctor’s actions or inactions.

Injury caused by negligence and mistakes can be devastating. For instance, a wrong diagnosis of a health condition can have life-threatening consequences. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim that include a duty owed to the patient by the physician; a breach of this obligation; an injury resulting by the breach; and the resulting damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element is called the causation. It is one of most important aspects in a medical malpractice claim. To prove causation the plaintiff must prove that they sustained their injury on the balance of probabilities as a result of the negligence of a physician. This can be a challenging task for a number of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing illnesses that were present prior to the time of treatment. Often the statute of limitation for a medical malpractice lawsuit is extended over a period of years, and injuries can develop gradually.

In these cases it is necessary to prove that a east lansing medical malpractice attorney professional's breach of the standard of care which led to the injury is a challenge. However, the aggrieved patient could be able to use the evidence collected by the attorney, including medical documents and expert testimony.

During the process of discovery, which is a part of the legal process for prepping for a trial your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to appear in deposition. This is a testimony that's given under oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will decide whether the plaintiff has proved the elements of the case, including duty, breach and causation.

Negligence

When a medical negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and that those breached duties caused injury. The plaintiff's lawyer must demonstrate this using evidence collected during discovery. This involves the request of 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 in trial, are also a part of this procedure.

A doctor has breached their professional obligation if they did something an ordinary prudent doctor would not have done under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient may visit the hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within the legal period, referred to as the statute of limitations. This is different from state to state. The victim must prove that the negligent care caused injury, and then he or she must demonstrate the amount of compensation he or she deserves.

Damages

You deserve to be compensated for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then engage in discovery, a procedure in which documents and statements are revealed under oath. Medical records and the notes of the doctor are usually requested during discovery.

In many states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements such as a duty of care owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements in a medical negligence claim, you will have a strong case.

In some cases the court might award punitive damage that is intended to punish the perpetrator and discourage others from committing similar conduct. But, this isn't often the case in medical malpractice cases since courts require specific proof of malice to award these extraordinary awards.