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How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps in her body after gall bladder surgery could make a claim for medical negligence. A successful claim must demonstrate the elements of medical negligence: duty, deviation from this duty and direct cause.

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

Cause of Injury

A medical malpractice claim can be filed by the injured patient or a legal person to represent them. This could be the spouse or medical Malpractice lawsuits adult child parent, guardian, or administrator of the estate of a deceased patient depending on the circumstances. In a medical malpractice law firms malpractice case the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

Expert testimony is often required in malpractice cases. Medical experts must be able to testify that the health care provider acted within the standard of medical care within their special area of expertise. They must also testify as to the damage caused by the doctor's actions or inactions.

The consequences of negligence and malpractice can be severe. For example, a misdiagnosis of a health issue could have life-threatening effects. Other types of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice claim which include a duty to the patient by the doctor or a breach of the obligation; an injury resulting by the breach; and the resulting damages. In some states such as New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also known as causation, is among the most crucial elements in a medical malpractice case. To establish causation the plaintiff must prove that their injury was the result of the doctor's negligence. This is a challenging task due to several reasons.

For instance, many injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing conditions that were already present before treatment began. Often the statute of limitation for a medical malpractice claim is extended over a period of years and the injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's failure to adhere to the standard of care led to the injury is a challenge. However, the patient who is afflicted could be able to make use of the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery procedure, which is a part of the legal process for preparing for a trial, your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will be asked to give evidence during a deposition, which is testimony given under oath. Your lawyer is able to cross-examine doctor and challenge their findings. The jury will decide whether the plaintiff has substantiated the elements of the case including breach of duty and causation.

Negligence

If a medical malpractice law firms malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those violations caused harm. The plaintiff's lawyer has to demonstrate this by presenting evidence through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This also includes sworn statements that are recorded and used at trial.

A doctor breached his or her professional obligations if he or she did something that a prudent doctor would not do under the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is known as causation or causal proximate causes. Patients may go to the hospital in order to repair a hernia, but instead end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed time frame, known as the statute of limitations, which varies according to the state. The victim must prove that the care provided was substandard and caused injury and then prove the amount of financial compensation he or she deserves.

Damages

If medical negligence has led you to sustain an injury, you have the right to be made whole. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then participate in discovery, a procedure in which documents and declarations are made public under the oath. During discovery, medical records and doctor's notes are usually requested.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that obligation; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can establish all of these elements, you can make a an excellent case for financial recovery in a medical malpractice claim.

In some cases courts may make punitive damages available, which are intended to penalize the offender and deter others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases, because the courts require specific proof of malice to make these extraordinary awards.