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How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps in her body after gall bladder surgery could bring a lawsuit against a doctor for medical negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation 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 damage which is referred to as proximate cause.

The reason for injury

A claim for medical malpractice can be filed either by the person who suffered the injury or an attorney. Based on the specific circumstances, this could be a spouse of the patient or an adult child, parent, a guardian ad-litem or administrator or executor of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is often required in cases of malpractice. Medical experts must be able to prove whether or not the health care provider followed the standard of care for their particular area of expertise. They must also testify regarding the harm caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be very serious. For instance, a misdiagnosis of a health condition can result in life-threatening consequences. Other kinds of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

In order to prove a malpractice claim the patient must demonstrate four legal elements: a duty the physician owed to them; a breach of this duty; a resultant injury; and damages. In certain states, such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element is also called the causation. It is one of most crucial aspects of a medical malpractice claim. To establish causation, the plaintiff must prove that they sustained their injury on a balance of probabilities as a result of the physician's negligence. This can be a difficult job due to various reasons.

Many of the injuries that form the basis of a medical negligence lawsuit result from long-term conditions or ongoing issues that existed before treatment began. Often, the statute of limitations for a medical negligence claim extends over a variety of years, and injuries may develop slowly.

In these cases it is often difficult to prove that a certain medical professional's violation of the standard of care led to the injury. The attorney may have gathered evidence, including expert testimony and medical records that the patient who was injured can use.

During the discovery process, which is a part of the legal procedure for preparing for trial, your lawyer will seek disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is representing the case will be required to take a deposition. This is a declaration which is under an oath. Your lawyer can cross-examine the doctor and contest the doctor's findings. The jury will then decide whether the plaintiff has proven the necessary elements of their case such as obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice, that it is more than likely that the doctor did not fulfill his or her duties as a physician and that those violations caused injury. The plaintiff's lawyer has to prove this using evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor was in breach of the professional duties of a doctor in the event that he or her did something that a prudent physician would not do 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. Patients may go to the hospital in order to repair a hernia, however, they end up having their gall bladder removed. This is medical malpractice law firm malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, also known as the statute of limitations, which is different for each state. The victim must prove that the negligence resulted in injury, and then he or she must demonstrate the amount of compensation he or she is entitled to.

Damages

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

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then engage in discovery, a procedure in which documents and statements are revealed under an oath. During discovery, medical records and notes from a doctor will usually be requested.

In most states, you have to establish four elements to be compensated for any injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal link between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements of a medical negligence claim, you will have an enviable case.

In some cases the court could give punitive damages which is intended to punish the perpetrator and discourage others from committing similar conduct. It is not common however, particularly in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to make these extraordinary awards.