How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body, such as surgical clamps, remains inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful claim must prove the elements of medical negligence: duty, deviation from this duty and direct cause.

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

The reason for injury

A medical malpractice claim can be initiated by the patient who was injured or a person legally designated to act on their behalf. Based on the specific circumstances, this may be the spouse of the patient or an adult child, parent, guardian ad litem, or the administrator or executor of the estate of the patient who died. The plaintiff in a lawsuit for medical malpractice is the health professional. This could be an accredited doctor, nurse or therapist.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts must determine if the healthcare provider acted within the standard of medical care within their special area of expertise. They also have to testify to the harm caused by the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be extremely serious. A mistake in diagnosis can have devastating consequences, like the possibility of a life-threatening illness. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case which include a duty to the patient by the physician; a breach of this duty; injury caused by the breach and the consequential damages. In some states such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that they sustained their injury on the balance of probabilities due to of the negligence of a physician. This is a challenging task due to a variety of reasons.

Many injuries that are the basis for a medical negligence lawsuit result from chronic issues that existed before treatment started. The time limit for a medical malpractice case can be extended over several years and injuries may develop slowly.

In these cases it is often difficult to prove that one particular medical professional's failure to adhere to the standards of care caused the injury. However, the aggrieved patient might be able use evidence gathered by the attorney, like medical records and expert testimony.

During the discovery procedure which is an element of the legal process for preparing for a trial, your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit is then asked to testify during depositions, which are testimony given under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proven the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

When a medical negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and that the breaches caused injury. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical malpractice Law firms records from all parties who are involved in the lawsuit. The process also involves swearing statements that are recorded and used at trial.

A doctor has breached their professional duty by doing something that a reasonable and prudent doctor would not have done in the same circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. A patient may visit a hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a certain time limit, known as the statute of limitations. This differs from state-to-state. The victim must prove that the negligent care caused injury and then he or she must show how much compensation he or she deserves.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties participate in discovery. This is which involves the disclosure of documents and Medical malpractice law firms statements disclosed under oath. During discovery medical records and notes from a doctor will typically be sought.

In the majority of states, you must establish four elements to be compensated for any injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you'll have an enviable case.

In certain cases, a court may give punitive damages, which are designed to punish the perpetrator and discourage others from committing the same offense. However, this is not the norm in medical malpractice cases, since courts require specific proof of malice to award these extraordinary awards.