How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body like surgical clamps, remain inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct causes, and injury.

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

Cause of Injury

A medical malpractice claim may be filed by the victim or an attorney. This can be the spouse, adult child parent, guardian, or administrator of a deceased patient's estate depending on the specific circumstances. The defendant in a suit for medical negligence is the health professional. It could be a licensed nurse, doctor or therapist.

Malpractice cases usually require many expert witnesses. Medical experts are required to determine if the doctor acted within the standard of care in his or her specific area of expertise. They must also testify about injuries caused by physician's actions or inactions.

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

The patient must prove four legal elements in a malpractice claim that include a duty owed to the patient by the doctor and a breach of this obligation; an injury resulting 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 malpractice case.

Causation

The injury element, also referred to as causation, is one of the most important aspects of medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This is a difficult task due to a variety of reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing conditions that were already in the process of being treated prior medical to. The time-limit for a medical malpractice lawsuit can be extended over a period of time and injuries may develop slowly.

In these situations it can be difficult to prove that a particular medical professional's breach of the standard of care led to the injury. The attorney could have collected evidence, including medical records and expert testimony which the injured patient could use.

During the discovery process, which is an integral part of the legal procedure for preparing for trial, your lawyer can request the disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is representing the case will be required to take a deposition. This is a declaration that is made under an oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will then decide if the plaintiff has established the essential elements of their case, including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice in court, that it is more likely that the doctor violated his or her duties as a doctor and that these violations caused injury. The plaintiff's lawyer must demonstrate this using evidence obtained during discovery. This includes soliciting documents, including seaside medical malpractice lawyer records and other records from all parties in a lawsuit. Depositions, Medical in which the statements are made under oath, and recorded for trial, are also part of this process.

A doctor has violated his or her professional obligation when 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 referred to as causation or proximate causes. For instance an individual goes to the hospital for a hernia procedure and is then able to have his or his gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice suits must be filed within a legal period, referred to as the statute of limitations. This varies from state to state. The patient who was injured must prove that the substandard treatment caused injury, then they have to prove the amount of compensation they're entitled to.

Damages

If medical negligence has caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then proceed to discovery, a process by which documents and statements are disclosed under an oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, you need to prove four things to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider in breach of that duty; a causal link between the breach and the injury suffered by the patient and the damages that result from the injury. If your attorney can demonstrate all of these elements in a medical malpractice claim, you'll have an impressive case.

In some cases the court could decide to award punitive damages that is intended to punish a wrongdoer, and discourage others from committing similar misconduct. This isn't often however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they may decide to award these extraordinary damages.