How to File a Medical Malpractice Case

A patient who finds that an object that is foreign like surgical clamps, is still inside her body following gall bladder surgery may bring a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviation from this duty and the direct cause.

It is vital for our clients to establish a direct connection between the breach of duty and the harm which is referred to as proximate cause.

The reason for injury

A medical malpractice claim may be filed either by the person who was injured or an attorney. Based on the circumstances, it could be the spouse of the patient or an adult child, parent, guardian ad litem or the administrator or Medical Malpractice Law firm executor of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify whether or whether the health professional adhered to the standards of treatment for their particular area of expertise. They also need to testify on the harm caused by the physician's actions or inactions.

Injuries that result from malpractice or negligence can be very serious. For example, a misdiagnosis of a health condition can have life-threatening effects. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

In order to prove a malpractice case, the patient must prove four legal elements: a duty the physician owed to them; a breach in the breach; a resulting injury; and damages. In certain states, such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is one the most important aspects of a medical malpractice case. To establish causation, the plaintiff must prove that they sustained their injury based on a balance of probabilities as a result of the negligence of the doctor. This can be a challenging job due to various reasons.

Many of the injuries that are the basis of a medical negligence lawsuit stem from long-term or ongoing conditions which were present before treatment began. The time limit for medical malpractice Law firm malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these cases it is difficult to prove that a medical professional's failure to adhere to the standard of care which led to the injury is difficult. The attorney could have gathered evidence, like medical records and expert testimony which the injured patient can utilize.

During the discovery process, which is a part of the legal procedure for the preparation of a trial your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be asked to give deposition. This is a statement which is under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their claim, which includes breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury in a case of medical malpractice in court, that it is likely that the physician violated the obligations of a physician and that those mistakes led to injuries. The attorney representing the plaintiff must demonstrate this using evidence gathered during pretrial discovery. This involves requesting documents, including medical records from all parties involved in a lawsuit. Depositions, wherein statements are made under oath and recorded to be used at trial, are also part of this procedure.

A doctor has violated their professional duty in the event that they did something reasonable and prudent doctors would not have done under similar circumstances. It must be established that the breach caused injury directly to the patient. This is referred to as causation or proximate causes. For instance when a patient is taken to the hospital for a hernia surgery and is then able to have his or the gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, also known as the statute of limitations, which varies by state. The person who suffered the injury must show that the inadequate treatment resulted in injury, and after that they have to prove the amount of compensation they deserve.

Damages

If medical malpractice attorneys negligence has led you to sustain an injury, you should be compensated. Scaffidi & Associates can help you get fair and complete compensation for your losses.

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

In most states, you have to establish four elements to be compensated for any injuries caused 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 attorney can prove all these aspects of a medical negligence claim, you will have an impressive case.

In some instances, the court may give punitive damages that is designed to punish the wrongdoer and deter others from engaging in similar conduct. This is not the norm however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they may decide to award these extraordinary damages.