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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps within her body after gall bladder surgery may bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

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

Cause of Injury

A medical negligence case may be filed by the injured person or a person who is legally authorized to represent them. This could be the spouse or adult child guardian, parent or administrator of the estate of a deceased patient, based on the circumstances. The defendant in a lawsuit for medical malpractice lawyer malpractice is the health care provider. This could be a doctor, nurse, therapist or any other licensed health care professional.

Malpractice cases usually require the testimony of experts. Medical experts are required to be able to testify that the health care provider did what was required of care in his or her particular field of expertise. They also have to testify to the harm resulting from the doctor’s actions or inactions.

The consequences of malpractice and negligence can be quite severe. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

To establish a malpractice case, the patient must prove four legal elements: a duty that the doctor owed to them; a breach in this duty; a subsequent injury and damages. In certain states like New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element is called the causation. It is one of the most crucial aspects of a medical malpractice claim. To prove causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This is a challenging job due to various reasons.

For example, many injuries that are the basis of a medical malpractice lawsuit arise from long-term or ongoing conditions that were already present before treatment began. The time limit for a Medical malpractice law firms malpractice case can be extended over a period of time and the development of injuries can happen slowly.

In these cases the proof that a medical professional's breach of the standard of care led to the injury is a challenge. However, the patient who is afflicted might be able use evidence collected by the attorney, such as medical documents and expert testimony.

During the discovery process, which is part of the legal procedure for getting ready for trial, your lawyer may ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the case will be asked to give deposition. This is a statement that is given under an oath. Your lawyer is able to cross-examine doctor and contest the doctor's findings. The jury will decide then if the plaintiff has proved the necessary elements of their case such as obligation, breach, causation and injury.

Negligence

If a claim for medical malpractice is filed the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breaches caused injury. The plaintiff's attorney has to prove this by using evidence collected during discovery. This includes the request of documents, including medical records, from all parties involved in a lawsuit. Depositions, in which the statements are made under oath and recorded for use in trial, are also part of this procedure.

A doctor breached his or her professional duty when he or she did something that a prudent physician would not do in similar circumstances. It must be established that the breach was the cause of the 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 procedure and then has his or her gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined time frame, known as the statute of limitations, that varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, then they must show what compensation they deserve.

Damages

If medical negligence has caused you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your loss.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties engage in discovery. It is a process where documents and evidence are revealed under the oath. Medical records and the notes of a doctor are typically requested during discovery.

In most states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal relationship between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, then you've got a strong case for financial recovery in a medical negligence claim.

In some cases, courts can give punitive damages, which are intended to punish the perpetrator and discourage others from engaging in the same conduct. However, this isn't the norm in medical malpractice cases, as the courts require extremely specific proof of malice to award these awe-inspiring awards.