How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps within her body following gall bladder surgery may sue for medical malpractice. A successful claim has to prove the elements of medical malpractice: duty, deviation from the 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.

Cause of Injury

A medical malpractice claim may be filed either by the person who suffered the injury or an attorney. This could be the spouse or adult child guardian, parent or administrator of the estate of a deceased patient, depending on the circumstances. In a medical malpractice case the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

Malpractice cases usually require the testimony of experts. Medical experts must testify as to whether or whether the healthcare provider followed the standard of care in their specific field. They must also testify regarding the injury that was caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be very severe. For instance, a misdiagnosis of a health condition can cause life-threatening complications. Other types of injuries can be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

To establish a malpractice claim the patient has to prove four legal elements: a duty the doctor owed to them; a breach in this duty; a subsequent injury and damages. In certain states, such as New York, the law puts a limit on amount of money that could be awarded in an action for malpractice.

Causation

The injury element, also referred to as causation, is one the most crucial elements in medical malpractice cases. To prove causation, a plaintiff must demonstrate that they suffered an injury on the basis of probabilities due to of the physician's negligence. This can be a difficult task for several reasons.

Many injuries that are the basis of a medical negligence lawsuit result from long-term illnesses or conditions that existed prior to when treatment started. The time-limit for medical malpractice cases can be extended over a period of time and injuries can develop slowly.

In these instances the proof that a medical professional's failure to adhere to the standard of care that led to the injury can be difficult. The attorney could have collected evidence, including expert testimony and oneonta medical malpractice attorney records, that the injured patient may use.

During the discovery process, which is an integral part of the legal procedure for getting ready for trial, your lawyer will ask for the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is representing the case will be asked to appear in deposition. This is a testimonies that is given under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice, that it is likely that the doctor acted in violation of his or her responsibilities as medical professional and that these breaches resulted in injury. The plaintiff's attorney must prove this by using evidence collected during discovery. This involves soliciting documents, including medical records and other records from all parties in a lawsuit. This process also includes the recording of sworn statements and used in trial.

A doctor has breached their professional obligation by doing something that a reasonable prudent physician would not have done under the same circumstances. It must be established that the breach caused injury directly to the patient. This is known as causation or proximate causes. For instance, a patient goes to the hospital for a hernia procedure and ends up having his or the 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 specific legal timeframe, also known as the statute of limitations. This is different from state to state. The victim must show that the inadequate treatment caused injury, and they have to prove the amount of compensation they're entitled to.

Damages

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

The first step is to file and serve a summons and complaint to all defendants named in the lawsuit. The parties participate in discovery. This is in which documents and declarations are revealed under oath. During discovery medical records and notes from a doctor are usually requested.

In the majority of states, to receive compensation for injuries sustained by malpractice, you have to prove four things that include a duty of care that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages resulting from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you will have an enviable case.

In certain instances, a court may give punitive damages, which are intended to penalize the culprit and deter others from engaging in similar conduct. This isn't often however, in jacksonville beach medical malpractice lawsuit malpractice cases. The courts must have very clear evidence of malice before they may decide to award these extraordinary damages.