How to File a Medical Malpractice Case

A patient who finds that a foreign object like surgical clamps, remains inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviance from this duty and direct reason.

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

The reason for injury

A medical malpractice claim can be filed by the injured patient or a legal person to represent them. This can be the spouse, adult child, parent, guardian or administrator of an estate belonging to a deceased patient, depending on the circumstances. In a medical malpractice case the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts are required to testify as to whether the healthcare provider acted within the standard of care in his or her special area of expertise. They also have to testify about the harm caused by the physician's actions or actions or.

The injuries that result from malpractice and negligence can be very serious. For example, a misdiagnosis of a health condition can have life-threatening effects. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

To prove a malpractice claim the patient must prove four legal elements: a duty the doctor owed to them; a breach in this duty; a resultant injury; and damages. In certain states, like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also known as causation, is among the most important elements of a medical malpractice case. To establish causation the plaintiff must prove that their injury was caused by the physician's negligence. This can be a challenging task for several reasons.

Many of the injuries that form the basis of a medical negligence lawsuit stem from long-term conditions or ongoing conditions which were present before treatment started. The time period for filing a medical malpractice lawsuit can be extended over a period of time and injuries may develop slowly.

In these cases, proving that a medical professional's violation of the standard of care led to the injury is not easy. The attorney could have gathered evidence, such as medical records and expert testimony that the injured person can use.

During the discovery process, which is an integral part of the legal procedure for preparing for trial, your lawyer can request disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the lawsuit will then be required to testify in depositions, which are testimony that is under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the essential elements of their claim, which includes the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice in court, that it is more likely that the doctor violated his or her duties as physician and that the violations caused injury. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties involved in the lawsuit. The process also involves sworn declarations that are recorded and used at trial.

A doctor has violated their professional duty by doing something that an ordinary prudent doctor would not have done in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate cause. Patients may go to the hospital in order to repair a hernia, however, they end up having their gall bladder removed. This is medical negligence since the procedure did not benefit the patient.

medical malpractice lawsuits malpractice suits must be filed within a certain time frame, also known as the statute of limitations. This is different from state to state. The victim must prove that the care provided was substandard and caused injury, and then he or she must prove how much monetary compensation he or she is entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your loss.

The first step is filing and serving a summons and complaint to all named defendants in the lawsuit. The parties are involved in discovery. This is a procedure where documents and statements are presented under an oath. During discovery, medical records and doctor's notes are usually requested.

In most states, you must demonstrate four elements in order to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider in breach of that duty; a causal relationship between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you will have an enviable case.

In certain instances the court could decide to award punitive damages that is designed to punish a wrongdoer, and deter others from engaging in similar misconduct. But, this isn't often the case in medical malpractice cases as the courts require extremely clear evidence of malice to award these extraordinary awards.