How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body after gall bladder surgery could bring a lawsuit against a doctor for medical negligence. A successful claim must demonstrate the elements of medical negligence: duty, deviation from the duty, and direct reason.

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

Causes of Injury

A medical negligence case may be filed by the person who has been injured or a legal person to act on their behalf. This could be a spouse, adult child, parent, guardian or administrator of a deceased patient's estate depending on the circumstances. In a medical malpractice case the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts must determine if the healthcare provider acted within the standard of care in their special area of expertise. They also have to testify about the harm caused by the physician's actions or inactions.

Injuries resulting from malpractice and negligence can be quite severe. An incorrect diagnosis can lead to serious consequences, such as the possibility of a life-threatening illness. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

To establish a malpractice claim the patient must prove four legal elements: a duty the physician owed to them; a breach in the breach; a resulting injury and damages. In some states, such as New York, the law sets a limit on the amount that can be awarded for a malpractice claim.

Causation

The element of injury is called the causation. It is among the most important elements in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was the result of the doctor's negligence. This is a challenging job due to various reasons.

A lot of the injuries that form the basis of a medical negligence suit result from long-term conditions or ongoing illnesses that existed before treatment began. The time-limit for a medical malpractice case could be extended over the course of several years and injuries may develop slowly.

In these cases, Vimeo proving that a medical professional's breached the standard of care which led to the injury can be difficult. However, the patient who was hurt may be able to use evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is a part of the legal procedure for preparation for trial, your lawyer may ask for the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is representing the case will be asked to appear in deposition. This is a declaration that's given under oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will then decide if the plaintiff has established the essential elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury in a case of medical malpractice, that it is more than likely that the doctor did not fulfill the obligations of a doctor and that these violations caused injury. The plaintiff's attorney must demonstrate this through evidence gathered during pretrial discovery. This involves requesting documents, including medical records, from all parties involved in the lawsuit. This process also involves sworn declarations that are recorded and used at trial.

A doctor has violated their professional duty when they did something that reasonable and prudent doctors would not have done in similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proxy causes. For instance an individual goes to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

stevens point medical malpractice lawsuit malpractice lawsuits must be filed within a legal time frame, also known as the statute of limitations. This varies from state to state. The victim must prove that the negligent treatment caused injury, and they must prove what monetary compensation they are entitled to.

Damages

You should be compensated for any injuries 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 file and serve a complaint, summons and other documents on all defendants. The parties are involved 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 have to prove four things to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can establish all of these elements, then you've got an extremely strong case for financial compensation in a medical malpractice claim.

In some cases, courts can decide to award punitive damages. These are intended to penalize the wrongdoer and deter others from engaging in similar misconduct. This is not the norm however, particularly in medical malpractice cases. The courts must have a clear evidence of malice before they may make these extraordinary awards.