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How to File a Medical Malpractice Case

A patient who discovers a foreign object like surgical clamps, remains in her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is known as the proximate reason.

Causes of Injury

A medical malpractice lawyers negligence case may be initiated by the patient who was injured or a person legally designated to act on their behalf. This could be a spouse or adult child guardian, parent or administrator of the estate of a deceased patient, depending on the circumstances. The defendant in a lawsuit for medical malpractice is the health professional. This could be an accredited doctor, nurse or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts must be able to prove whether or the medical professional was in compliance with the standard of care for their particular area of expertise. They also need to testify on injuries caused by physician's actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. For example, a mistake in the diagnosis of a medical condition could have life-threatening effects. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice claim the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach of the breach; a resulting injury; and damages. In certain states, such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also known as causation, is among the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that they suffered their injury based on a balance of probabilities as a result of the negligence of a physician. This can be a difficult task due to a variety of reasons.

Many of the injuries that form the basis of medical negligence lawsuits result from long-term conditions or ongoing illnesses that existed before treatment started. Often the statute of limitations for a medical malpractice claim extends out over a number of years, and the injuries may develop slowly.

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

During the process of discovery, which is a part of the legal process preparing for a trial, your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will then be called to testify during deposition, which is testimony that is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the facts of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice in court, that it is likely that the physician violated his or her duties as physician and that the actions led to injury. The attorney representing the plaintiff must demonstrate this using evidence collected during discovery. This includes the request of documents, including medical records as well as other documents from all parties in the lawsuit. The process also involves swearing statements that are recorded and used at trial.

A doctor breached the professional duties of a doctor when he/she did something that a reasonable prudent doctor would not do in similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation, or causal proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and ends up having his or his gall bladder removed instead. 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 regulated time frame, known as the statute of limitations, which varies according to the state. The injured patient has to prove that the negligent treatment caused injury, and they have to prove the amount of compensation they deserve.

Damages

You should be compensated for any injuries you have suffered as a result of medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then engage in discovery, a process by which documents and statements are made public under the oath. During discovery medical records and doctor's notes are typically requested.

In many states, to receive compensation for injuries sustained by malpractice, you have to prove four things that include a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages that result from the injury. If your lawyer can prove all of these elements, you have an excellent case for financial compensation in a claim for medical malpractice.

In some cases, the court may decide to award punitive damages which is intended to punish the perpetrator and discourage others from committing similar crimes. However, this is not the norm in medical malpractice cases as courts require specific proof of malice to give these extraordinary awards.