How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery is able to bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice claim can be filed by the person who suffered the injury or an attorney. This could be the spouse, adult child, parent, guardian or administrator of a deceased patient's estate, based on the circumstances. The plaintiff in a suit for medical negligence is the health professional. It could be an accredited nurse, doctor or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to testify on whether or the medical professional followed the standard of care for their specific area. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

The consequences of negligence and mistakes can be devastating. For example, a mistake in the diagnosis of a medical condition could have life-threatening consequences. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice claim the patient has to prove four legal elements: a duty the physician owed to them; a breach in this duty; a subsequent injury; and damages. In some states such as New York the law limits the amount of money that can be awarded for Lawyers a malpractice case.

Causation

The injury element is also known as the causation. It is one of most crucial aspects of a medical malpractice claim. To prove causation the plaintiff must show that they sustained their injury on a balance of probabilities as a result of the negligence of the doctor. This is a difficult task due to a variety reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing illnesses that were in the process of being treated prior to. Often the statute of limitation for a claim involving medical malpractice is extended over a period of years and the injuries may develop slowly.

In these situations it can be difficult to prove that a specific medical malpractice lawsuit professional's breach of standard of care caused the injury. However, the patient who is afflicted might be able use the evidence gathered by the attorney, like medical records and expert testimony.

During the discovery process, which is part of the legal procedure preparing for trial, your lawyer will request disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is defending the case will be asked to testify in deposition. This is a statement which is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the necessary elements of their case, including obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice law firms malpractice to show that it is likely that the doctor acted in violation of his or her responsibilities as medical professional and that these violations caused injury. The plaintiff's lawyer has to demonstrate this with evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor violated the professional duties of a doctor when he or she did something that a reasonable prudent physician would not do in the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is known as causation or proximate causes. For instance when a patient is taken to the hospital for a hernia surgery and is then able to have his or her gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, referred to as the statute of limitations, which is different for each state. The patient who was injured must demonstrate that the treatment was substandard and caused injury, then they must establish what compensation they deserve.

Damages

You deserve to be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your loss.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then participate in discovery, a process in which documents and statements are disclosed under an oath. During discovery medical records and notes from a doctor will usually be requested.

In the majority of states, you have to prove four things to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of that duty; a causal link between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all these aspects of a medical negligence claim, you will have an enviable case.

In some instances the court can decide to award punitive damages. These are intended to punish the offender and deter others from engaging in similar misconduct. But, this isn't often the case in medical malpractice cases as the courts require extremely specific proof of malice to make these extraordinary awards.