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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 be able to file a lawsuit for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice law firms malpractice claim may be filed by the person who suffered the injury or a legal representative. This could be a spouse, adult child guardian, parent or administrator of the estate of a deceased patient, depending on the circumstances. In a case involving medical malpractice the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify as to whether the doctor acted within the standard of medical care within their special area of expertise. They must also testify about the injury caused by the doctor's actions or actions or.

The injuries that result from malpractice and negligence can be very serious. A misdiagnosis can have serious consequences, like an illness that could be life-threatening. Other types of injuries can involve operating on the wrong body part or leaving surgical instruments inside the patient.

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

Causation

The injury element, also referred to as causation, is one of the most important elements in medical malpractice cases. To establish causation, the plaintiff must show that they sustained their injury on the balance of probabilities because of the negligence of a physician. This is a challenging job due to various reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing illnesses that were present prior to treatment. Often the statute of limitation for a claim involving medical malpractice law firm malpractice is extended over a period of years and the injuries may develop slowly.

In these instances the proof that a medical professional's breach of the standard of care led to the injury is a challenge. The attorney may have collected evidence, such as expert testimony and medical records which the injured patient may use.

During the discovery procedure as part of the legal process for preparing for a trial, your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will be asked to testify during depositions, which are the testimony under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proved the necessary elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice in court, that it is more likely that the doctor did not fulfill his or her responsibilities as medical professional and that these mistakes led to injuries. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which includes the disclosure of documents, including medical records from all parties involved in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.

A doctor was in breach of his or her professional obligation when he/she did something that a prudent physician would not do in the same circumstances. It must be proved that the breach resulted in injury directly to the patient. This is called causation or proxy causes. For instance, a patient goes to the hospital for a hernia operation and is later told that he or the gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal period, referred to as the statute of limitations. This varies from state to state. The injured patient must establish that the negligence caused injury and then prove how much monetary compensation he or her deserves.

Damages

You should be compensated 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 is to file and serve an order and complaint on all defendants named in the lawsuit. The parties are involved in discovery. This is a procedure in which documents and declarations are presented under the oath. During discovery medical records and doctor's notes are typically requested.

In most states, to get compensation for injuries caused by malpractice, you need to establish four elements: a duty of care that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and injury and damages resultant from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you'll have a convincing case.

In certain cases the court can give punitive damages, which are designed to punish the culprit and deter others from committing the same offense. However, this is not the norm in medical malpractice cases as the courts require extremely clear evidence of malice to give these extraordinary awards.