How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, remains inside her body following gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

Causes of Injury

A medical malpractice claim may be filed by the victim or an attorney. It could be the spouse or adult child or parent, guardian or administrator of an estate belonging to a deceased patient, depending on the circumstances. In a case of medical malpractice, the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is often required in cases of malpractice. Medical experts are required to testify whether or not the health care provider adhered to the standards of care for their particular field. They must also testify to the harm resulting from the actions or inactions of a doctor.

The injuries that result from malpractice and negligence can be quite severe. For instance, a misdiagnosis of a health problem could have life-threatening effects. 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 case the patient has to prove four legal elements: a duty that the doctor owed them; a breach in the breach; a resulting injury; and damages. In certain states, such as New York, the law restricts the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must show that they sustained their injury on the balance of probabilities as a result of the negligence of the doctor. This can be a challenging job due to a variety of reasons.

Many of the injuries that are the basis of medical negligence lawsuits result from long-term conditions or ongoing illnesses that existed before treatment began. The time period for filing a medical malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these instances it is necessary to prove that a medical professional's violation of the standard of care and led to the injury is difficult. However, the aggrieved patient could be able to make use of the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery procedure which is an element of the legal procedure for prepping for a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will be called to testify during a deposition, which is testimony given under an oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will then decide whether the plaintiff has proven the necessary elements of their case, including duty, breach, causation and injury.

Negligence

When a medical malpractice claim 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 that those violations caused injury. The lawyer for the plaintiff must demonstrate this with evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. This process also involves sworn statements that are recorded and used at trial.

A doctor has breached their professional duty in the event that they did something reasonable and prudent doctors would not have done under similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation, or proximate causes. For instance an individual goes to the hospital for a hernia operation and ends up having his or the gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations that varies from state to state. The injured patient has to prove that the negligent treatment caused injury, and medical malpractice Law firms they must prove what monetary compensation they are entitled to.

Damages

If medical malpractice law firms negligence has led you to suffer a traumatic injury, you deserve to be compensated. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your losses.

The first step is filing and serving an order and medical Malpractice law firms complaint on all defendants named in the lawsuit. The parties then engage in discovery, a process by which documents and statements are revealed under the oath. During discovery, medical records and doctor's notes will typically be sought.

In the majority of states, you have to establish four elements to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you will have an enviable case.

In some cases courts may make punitive damages available, which are intended to punish the culprit and deter others from engaging in similar misconduct. It is not common however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they can give these extraordinary damages.