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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery could make a claim for medical malpractice. A successful claim has to prove the elements of medical negligence: duty, deviation from the norm and direct cause.

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

Causes of Injury

A medical malpractice case can be initiated by the patient who was injured or a person legally designated to represent them. This could be a spouse, adult child, parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. In a medical malpractice case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health professional.

Expert testimony is usually required in cases of malpractice. Medical experts must provide evidence to prove that the doctor was acting in accordance with the standards of medical care within their specific field of expertise. They also have to testify to the damage caused by the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be quite severe. For instance, a wrong diagnosis of a health issue could result in life-threatening consequences. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

In order to prove a malpractice case the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach of the breach; a resulting injury; and damages. In certain states, like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element is also known as the causation. It is one of most important aspects in a medical malpractice claim. To prove causation the plaintiff must show that they suffered their injury on the basis of probabilities as a result of the physician's negligence. This can be a challenging job due to various reasons.

Many of the injuries that are the basis of a medical malpractice lawyer negligence suit result from long-term illnesses or illnesses that existed before treatment started. The time period for filing a medical malpractice case can be extended over a period of time and injuries can develop slowly.

In these instances, proving that a medical professional's violation of the standard of care which led to the injury is a challenge. However, the patient who is afflicted may be able to use the evidence collected by the attorney, like medical records and expert testimony.

During the discovery process, which is a component of the legal process for getting ready for trial, your lawyer could seek disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is defending the lawsuit will then be called to testify during deposition, which is testimony given under an oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff has to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and those breaches caused harm. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. The process also involves sworn declarations that are recorded and used in trial.

A doctor has breached their professional obligation when they did something that reasonable and prudent doctors would not have done under the same circumstances. It must be proved that the breach caused 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 then has his or the gall bladder removed instead. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, called the statute of limitations, which varies by state. The injured patient must establish that the substandard care resulted in injury, and then prove how much monetary compensation he or her deserves.

Damages

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

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then participate in discovery, a process by which documents and statements are revealed under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, in order to receive compensation for injuries caused by malpractice, you have to prove four things including a duty of good faith that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury and damages caused by the injury. If your lawyer can prove all these elements of a medical negligence claim, you will have an enviable case.

In certain instances, the court may decide to award punitive damages, which is meant to punish the perpetrator and deter others from engaging in similar crimes. It is not common however, in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.