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How to File a Medical Malpractice Case

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

It is vital for our clients to establish a direct link between the breach of duty and the resulting injury that is known as proximate causation.

Causes of Injury

A medical malpractice claim can be filed either by the victim or an attorney. Based on the circumstances, this could be a spouse of the patient or an adult child parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. The defendant in a suit for medical negligence is the health professional. This could be an accredited nurse, doctor or therapist.

Malpractice cases typically involve an abundance of expert testimony. Medical experts are required to testify on whether or the medical professional was in compliance with the standard of care for their specific area. They must also testify as to the harm resulting from the actions or inactions of a doctor.

Injuries that result from malpractice or negligence can be quite severe. A misdiagnosis could have grave consequences, such as a life-threatening condition. Other types of injuries include performing surgery on the wrong body part or leaving 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 resulting damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is among the most important aspects of medical malpractice attorney malpractice cases. To prove causation, the plaintiff must prove that their injury was caused by a physician's negligence. This can be a challenging job due to various reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from long-term or ongoing illnesses that existed before treatment began. Often the statute of limitation for a claim involving medical malpractice is extended over a period of years, and the injuries may develop slowly.

In these instances the proof that a medical professional's failure to adhere to the standard of care and led to the injury can be difficult. The attorney may have gathered evidence, including medical records and expert testimony that the injured person can use.

During the discovery process, which is a part of the legal process for preparation for trial, your lawyer can seek disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the case will be asked to take deposition. This is a testimonies that's given under oath. Your lawyer will be able to 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 and causation.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice in court, that it is likely that the doctor violated his or her responsibilities as a physician and that those mistakes led to injuries. The lawyer for the plaintiff must prove this using evidence gathered through pretrial discovery, Medical Malpractice Law Firms which includes asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.

A doctor violated the professional duties of a doctor when he or she did something that a prudent physician would not do 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 cause. A patient might go to the hospital in order to have a hernia repaired, Medical malpractice law firms but instead end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

medical malpractice law firms malpractice lawsuits must be filed within a 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 they must show what compensation they deserve.

Damages

You are entitled to compensation for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we will assist you in receiving an adequate and fair amount of compensation for your loss.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties engage in discovery. This is in which documents and declarations are made public under oath. During discovery, medical malpractice lawsuit records and notes from a doctor are typically requested.

In most states, you need to demonstrate four elements in order to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider in breach of that duty; a causal link between the breach and the patient's injury as well as damages that result from the injury. If your attorney can prove all these elements of a medical negligence claim, you'll have an enviable case.

In certain cases the court can decide to award punitive damages. These are intended to punish the culprit and deter others from engaging in similar conduct. This isn't often, however, in medical malpractice cases. The courts must have clear evidence of malice before they may give these extraordinary damages.