How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign like surgical clamps, remains inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from this duty and the direct reason.

Our clients must establish a direct link between the breach of duty, and the injury. This is known as proximate cause.

Cause of Injury

A claim for medical malpractice can be filed either by the person who suffered the injury or a legal representative. Depending on the circumstances this could be a spouse of the patient or an adult child, parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. The plaintiff in a suit for medical negligence is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health professional.

Malpractice cases typically involve many expert witnesses. Medical experts are required to testify on whether or whether the healthcare provider adhered to the standards of care for their particular area of expertise. They also have to testify about injuries caused by doctor's actions or actions or.

The injuries that result from malpractice and negligence can be very severe. For instance, medical malpractice lawsuit a wrong diagnosis of a health problem could have life-threatening effects. Other types of injuries can involve operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of 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 case of malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements in a medical malpractice case. To establish causation, the plaintiff must show that they suffered their injury on the balance of probabilities because of the negligence of the doctor. This is a challenging task due to several reasons.

Many injuries that are the basis for a medical negligence lawsuit result from long-term conditions or ongoing conditions that existed prior to when treatment began. The time limit for a medical malpractice case can be extended for a number of years, and injuries can develop slowly.

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

In the discovery process as part of the legal procedure for prepping for a trial your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will be required to testify in a deposition, which is testimony that is under the oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide if the plaintiff has proven all the elements of the case, including duty, breach and causation.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the doctor breached his or her professional duties and that those breaches resulted in injuries. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded for trial, medical malpractice lawsuit are also part of this process.

A doctor has breached their professional duty by doing something that 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 cause. A patient could go to the hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical malpractice compensation negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, referred to as the statute of limitations which varies by state. The victim must prove that the negligent treatment resulted in injury, and after that they must establish what compensation they deserve.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair 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. It is a process in which documents and declarations are disclosed under an oath. During discovery medical malpractice law records and notes from a doctor are usually requested.

In the majority of states, you have to establish four elements to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal link 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 elements, then you've got an extremely strong case for financial recovery in a medical malpractice claim.

In some instances the court can award punitive damages, which are designed to punish the wrongdoer and deter others from engaging in similar misconduct. However, this is rare in medical malpractice cases, since courts require clear evidence of malice to make these extraordinary awards.