How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body, such as surgical clamps, remains inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.

It is important for our clients to establish a direct link between the breach of duty and the damage which is referred to as proximate cause.

Cause of Injury

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

Malpractice cases usually involve a lot of expert testimony. Medical experts must provide evidence to prove that the health care provider acted within the standard of care in their special area of expertise. They also have to testify about the harm caused by the physician's actions or inactions.

Injuries resulting from malpractice and negligence can be extremely serious. For instance, a wrong diagnosis of a health issue could cause life-threatening complications. Other types of injuries can be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the physician and a breach of this duty; injury caused by the breach and the resulting damages. In some states, such as New York, the law restricts the amount that can be awarded for an action for malpractice.

Causation

The element of injury is known as the causation. It is one of most crucial elements in a medical malpractice law firm malpractice claim. To prove causation the plaintiff must show that they suffered their injury based on a balance of probabilities because due to the negligence of the doctor. This can be a difficult job due to a variety of reasons.

For instance, many of the injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing ailments that were present prior to the time of treatment. Often the statute of limitations for a medical malpractice lawsuit extends over a variety of years, and injuries may develop slowly.

In these cases, it is difficult to prove that a specific medical professional's breach of standard of care caused the injury. The attorney may have gathered evidence, like expert testimony and medical records that the patient who was injured could use.

During the discovery process, which is an integral part of the legal process for getting ready for trial, your lawyer will seek disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the lawsuit will then be called to testify during a deposition, which is testimony given under oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will decide then if the plaintiff has proved the necessary elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the physician violated professional duties and that those breaches resulted in harm. The plaintiff's lawyer must prove this by using evidence obtained during discovery. This involves seeking documents, such as medical records, from all parties involved in the lawsuit. This process also involves sworn declarations that are recorded and used at trial.

A doctor has violated his or her professional duty when he/she did something that a prudent physician would not do in the same circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation or proximate cause. For instance, a patient goes to the hospital for a hernia surgery and is then able to have his or her gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within the legal time limit, known as the statute of limitations. This differs from state-to-state. The victim must prove that the negligent treatment caused injury, and then they have to prove the amount of compensation they deserve.

Damages

If medical negligence has led you to suffer injury, you have the right to be compensated. At Scaffidi & Associates, we can assist you to receive the full and fair compensation you deserve for your losses.

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 participate in discovery. This is a procedure in which documents and declarations are disclosed under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, you must establish four elements to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, you will have an impressive case.

In some instances courts may give punitive damages, which are designed to punish the offender and deter others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases because the courts require precise proof of malice before they can give these extraordinary awards.