How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps in her body after gall bladder surgery could sue for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

It is crucial for our clients to establish a direct relationship between the breach of duty and the injury which is referred to as proximate cause.

Cause of Injury

A medical malpractice claim can be filed by the injured person or a legal person to act on their behalf. Based on the circumstances, this could be the spouse of the patient or an adult child, parent, guardian ad litem, or the administrator or medical malpractice law firms executor of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Malpractice cases typically involve an abundance of expert testimony. Medical experts must determine if the health care provider acted within the standard of treatment in their particular field of expertise. They must also testify to the harm caused by the doctor’s actions or inactions.

The consequences of malpractice and negligence can be very severe. A misdiagnosis can have serious consequences, such as life-threatening conditions. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor and a breach of that duty; an injury caused by the breach; and the consequential damages. In certain states like 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 in medical malpractice cases. To prove causation, the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging task for several reasons.

For instance, a lot of injuries that are the subject of a medical malpractice law firms (links.Musicnotch.com) malpractice lawsuit are the result of long-term or ongoing conditions that were present prior to the time of treatment. The time-limit for a medical malpractice case can be extended over the course of several years and injuries may develop slowly.

In these cases it can be difficult to prove that a specific medical professional's violation of the standard of care caused the injury. The attorney may have gathered evidence, including expert testimony and medical records that the patient who was injured can use.

During the discovery procedure as part of the legal process preparation for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the case will be asked to appear in a deposition. This is a testimony which is under the oath. Your lawyer may cross-examine the doctor and contest the doctor's findings. The jury will decide then if the plaintiff has proven the essential elements of their case such as the duty of care, breach, causation and injury.

Negligence

If a claim for medical malpractice is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and those breaches resulted in injuries. The attorney representing the plaintiff must demonstrate this using evidence collected during discovery. This involves seeking documents, such as medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath, and recorded to be used at trial, are also a part of this process.

A doctor has violated their professional obligation by doing something that an ordinary prudent doctor would not have done under the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is called causation or proximate causes. A patient might visit a hospital to repair a hernia but instead end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a specific legal time limit, known as the statute of limitations. This varies from state to state. The injured patient has to demonstrate that the treatment was substandard and caused injury, and then they must show what compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical malpractice attorneys negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties then participate in discovery, a process in which documents and statements are made public under oath. Medical records and the notes of a doctor are typically requested during discovery.

In the majority of states, you have to prove four things to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all of these elements in a medical malpractice claim, you'll have an impressive case.

In some cases the court can make punitive damages a possibility, which is meant to punish the perpetrator and deter others from engaging in similar crimes. However, this is not the norm in medical malpractice cases, because the courts require clear evidence of malice to make these extraordinary awards.