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How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps within her body after gall bladder surgery could file a lawsuit for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

Our clients must establish a direct connection between the breach of duty and the injury. This is referred to as proximate cause.

The reason for injury

A claim for medical malpractice can be filed by the person who was injured 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 executor or administrator of the estate of the deceased patient. In a case of medical malpractice attorneys malpractice the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts must testify as to whether the health care provider performed his duties in accordance with the standard of treatment in their specific area of expertise. They must also testify as to the harm resulting from the doctor’s actions or inactions.

Accidents caused by negligence or malpractice can be severe. For instance, a misdiagnosis of a health condition can have life-threatening effects. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice claim: a duty owed to the patient by the physician or a breach of the duty; an injury caused by the breach; and the resulting damages. In some states such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element, also known as causation is one of the most important elements of medical malpractice cases. To prove causation, the plaintiff must prove that their injury was caused by the physician's negligence. This is a difficult task due to a variety of reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit result from long-term illnesses or illnesses that existed before treatment began. The time limit for a medical malpractice case could be extended over several years and injuries may develop slowly.

In these instances it can be difficult to prove that one particular Medical Malpractice Law Firm professional's breach of standards of care caused the injury. The attorney could have collected evidence, such as medical records and expert testimony that the injured person could use.

In the discovery process, which is a part of the legal procedure for preparing for a trial, your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will be asked to testify during depositions, which are the testimony under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proven the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice law firm malpractice in court, that it is likely that the doctor violated his or her duties as a physician and that those violations caused injury. The attorney representing the plaintiff must demonstrate this using evidence collected during discovery. This includes soliciting documents, including medical records, from all parties involved in a lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor was in breach of his or her professional duty in the event that he or her did something that a reasonable prudent physician would not do under 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. A patient could go to the hospital to repair a hernia, but end up having their gall bladder removed. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally-defined time frame, known as the statute of limitations, which varies according to the state. The injured patient has to prove that the substandard treatment resulted in injury, and after that they must establish what compensation they deserve.

Damages

If medical negligence has led you to suffer a traumatic injury, you have the right to be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties are involved in discovery. This is a procedure which involves the disclosure of documents and statements disclosed under an oath. Medical records and the notes of a doctor are typically requested during discovery.

In most states, to receive compensation for injuries sustained by malpractice, you need to prove four things such as a duty of care that is due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resulting from the injury. If your attorney can establish all of these elements, then you've got an argument for financial compensation in a medical malpractice case.

In certain instances the court might decide to award punitive damages, which is meant to penalize a wrongdoer and deter others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases as courts require clear evidence of malice to make these extraordinary awards.