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How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign, such as surgical clamps, is still inside her body after gall bladder surgery may bring a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, medical malpractice lawsuits direct cause, and injury.

It is crucial for our clients to establish a direct relationship between the breach of duty and the harm called proximate causation.

Cause of Injury

A medical malpractice lawsuit can be filed by the person who has been injured or by a person legally appointed to act on their behalf. This could be a spouse, adult child parent, guardian, or administrator of the estate of a deceased patient, depending on the circumstances. In a case of medical malpractice, the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Malpractice cases usually involve a lot of expert testimony. Medical experts must testify as to whether or whether the health professional followed the standard of care for their particular area of expertise. They must also testify about the injury caused by the doctor's actions or inactions.

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

The patient must establish four legal elements in a malpractice case that include a duty owed to the patient by the doctor and a breach of that duty; an injury caused by the breach and resulting damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also known as causation, is one the most important elements in a medical malpractice case. To establish causation the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a difficult task due to a variety of reasons.

Many injuries that are the basis of a medical negligence suit result from chronic conditions that existed prior to when treatment began. The time period for filing medical malpractice lawyer malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

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

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer could ask for the disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor defending the lawsuit will then be asked to testify during a deposition, which is testimony under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case including breach of duty, breach of contract and causation.

Negligence

When a medical malpractice lawyer negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor breached his or her professional duties and those breaches resulted in harm. The lawyer representing the plaintiff must show this through evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, in which statements are made under oath, and recorded for trial, are also part of this process.

A doctor has violated their professional obligation by doing something that a reasonable prudent physician would not have done under the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. A patient could visit the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally-defined time frame, known as the statute of limitations, medical malpractice lawsuits which varies by state. The injured patient has to prove that the negligent treatment caused injury, and they must show what compensation they are entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties are involved in discovery. This is a procedure where documents and evidence are presented under an oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, to receive compensation for injuries caused through malpractice, you need to prove four things that include a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages resulting from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you'll have an impressive case.

In some instances the court can make punitive damages available, which are designed to punish the perpetrator and discourage others from engaging in similar conduct. However, this is rare in medical malpractice cases as the courts require extremely clear evidence of malice to give these extraordinary awards.