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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps inside her body after gall bladder surgery could file a lawsuit for medical malpractice attorney malpractice. A successful claim has to prove the elements of medical negligence: duty, deviation from this duty and the 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 claim may be filed either by the victim or an attorney. Based on the specific circumstances, it could be the spouse of the patient or an adult child parent, guardian ad litem, or the administrator or executor of the estate of the patient who died. The plaintiff in a lawsuit for medical malpractice is the health care provider. This could be a licensed nurse, doctor or therapist.

The majority of cases involving malpractice involve many expert witnesses. Medical experts are required to provide evidence to prove that the health care provider was acting in accordance with the standards of medical care within their specific area of expertise. They must also testify as to the harm that was caused by the actions or inactions of a doctor.

Accidents caused by negligence or mistakes can be catastrophic. For example, a mistake in the diagnosis of a health condition can cause life-threatening complications. 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 claim, the patient must prove four legal elements: a duty the physician owed to them; a breach in this duty; a resultant injury; and damages. In certain states, like New York, the law puts a limit on amount of money that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element is also called the causation. It is one of the most important elements in a medical malpractice claim. To prove causation the plaintiff must demonstrate that they sustained their injury based on a balance of probabilities as a result of the physician's negligence. This is a difficult task for a number of reasons.

Many of the injuries that are the basis of a medical negligence lawsuit result from long-term illnesses or issues 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 cases it is necessary to prove that a medical malpractice attorneys professional's failure to adhere to the standard of care led to the injury can be difficult. However, the aggrieved patient could be able to make use of evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is a part of the legal procedure preparing for trial, your lawyer will request the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor defending the lawsuit will be called to testify during a deposition, which is testimony given under oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide whether the plaintiff has proved the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice to show that it is more than likely that the doctor violated his or her duties as medical professional and that these breaches resulted in injury. The plaintiff's attorney must demonstrate this through evidence obtained during discovery. This includes requesting documents, including medical records and other records from all parties in a lawsuit. This process also involves the recording of sworn statements and used at trial.

A doctor has breached their professional duty if they did something reasonable and prudent doctors would not have done under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate cause. For example the patient is admitted to the hospital for a hernia surgery and then has his or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

medical malpractice law firm malpractice lawsuits must be brought within a legally defined period of time, called the statute of limitations which varies by state. The victim must prove that the negligence caused injury, and then demonstrate the amount of compensation he or her deserves.

Damages

If a medical error has caused you to suffer a traumatic injury, you have the right to be compensated. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties are involved in discovery. This is in which documents and declarations are disclosed under an oath. Medical records and the doctor's notes are typically requested during discovery.

In the majority of states, to receive compensation for injuries caused by negligence, you must to prove four things including a duty of good faith that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements, you can make a a strong case for financial compensation in a medical malpractice claim.

In some instances the court might give punitive damages, which is meant to punish the perpetrator and discourage others from committing similar misconduct. However, this is not the norm in medical malpractice cases as the courts require extremely clear evidence of malice to award these awe-inspiring awards.