How to File a Medical Malpractice Case

A patient who discovers a foreign object, such as surgical clamps, remains in her body following gall bladder surgery could bring a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this obligation, direct cause and medical malpractice lawsuit injury.

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

The reason for injury

A medical malpractice lawsuit can be filed either by the person who suffered the injury or an attorney. Depending on the circumstances this may be the spouse of the patient or an adult child, parent, guardian ad litem, or the administrator or executor of the estate of the deceased patient. The defendant in a medical malpractice lawsuit is the health care provider. This could be a nurse, doctor, therapist or any other licensed health professional.

Expert testimony is typically required in cases of malpractice. medical malpractice compensation experts must provide evidence to prove that the healthcare provider did what was required of care in their specific field of expertise. They also have to testify to the harm caused by the doctor’s actions or inactions.

Injuries caused by negligence and negligence can be very serious. For example, a misdiagnosis of a health problem could cause life-threatening complications. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim which include a duty to the patient by the doctor or a breach of the duty; injury caused by the breach and the resulting damages. In some states such as New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must prove that they suffered their injury on the basis of probabilities as a result of the negligence of a physician. This can be a challenging task due to a variety reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were in the process of being treated prior to. The statute of limitations on a medical malpractice case can be extended over a period of time and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's failure to adhere to the standard of care which led to the injury is difficult. The attorney may have gathered evidence, such as expert testimony and medical records which the injured patient could use.

In the discovery process as part of the legal process the preparation of a trial your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will be required to testify in a deposition, which is testimony given under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the essential elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice settlement malpractice, that it is more likely that the doctor acted in violation of his or her responsibilities as physician and that the breaches resulted in injury. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. The process also involves the recording of sworn statements and used in trial.

A doctor has violated their professional obligation if they did something a reasonable and prudent doctor medical malpractice lawsuit would not have done in the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. For example when a patient is taken to the hospital for a hernia surgery and is then able to have his or her gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, also known as the statute of limitations, that varies from state to state. The person who suffered the injury must show that the inadequate treatment caused injury, and they must establish what compensation they deserve.

Damages

If medical 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 in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties participate in discovery. This is which involves the disclosure of documents and statements disclosed under an oath. medical malpractice attorney records and notes of the doctor are usually requested during discovery.

In the majority of states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements including a duty of good faith that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury and damages resulting from the injury. If your attorney can prove all of these elements in a medical malpractice claim, you will have a convincing case.

In certain instances, the court may make punitive damages a possibility, which is meant to punish the perpetrator and deter others from engaging in similar conduct. It is not common however, in medical malpractice cases. The courts must have a clear evidence of malice before they are able to award these extraordinary damages.