How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body like surgical clamps, remains inside her body following gall bladder surgery may pursue a medical malpractice suit. A successful claim must prove the elements of medical malpractice: duty, deviance from this duty and direct reason.

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

Cause of Injury

A claim for medical malpractice lawsuit malpractice can be filed either by the person who was injured or an attorney. Depending on the circumstances this could 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 plaintiff in a lawsuit for medical malpractice is the health care provider. This could be a nurse, doctor or therapist, or any other health professional.

Expert testimony is often required in malpractice cases. Medical experts are required to determine if the medical professional was acting in accordance with the standards of care in their special area of expertise. They must also testify as to the harm caused by the actions or inactions of the doctor.

Injuries caused by negligence and medical malpractice Law firm negligence can be very serious. For example, a mistake in the diagnosis of a health issue could have life-threatening effects. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim that include a duty owed to the patient by the doctor and a breach of that obligation; an injury resulting by the breach; and the resulting damages. In some states, like New York, the law places a limit on the amount that can be awarded in an injury resulting from a malpractice claim.

Causation

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

Many injuries that are the basis of a medical negligence suit result from chronic issues that existed before treatment started. The time limit for a medical malpractice lawsuit can be extended over the course of several years and injuries may develop slowly.

In these cases, it is difficult to prove that a specific medical professional's breach of the standard of care caused the injury. However, the aggrieved patient might be able use evidence gathered by the attorney, including medical records and expert testimony.

During the process of discovery which is an element of the legal procedure for the preparation of a trial your attorney can request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is representing the case will be required to testify in deposition. This is a statement that's given under an oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will then decide if the plaintiff has proven the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury, when filing a claim for Medical Malpractice Law Firm malpractice, that it is likely that the physician violated his or her responsibilities as a physician and that those mistakes led to injuries. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. This process also involves sworn statements that are recorded and used in trial.

A doctor has violated their professional obligation by doing something that a reasonable prudent physician would not have done under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is called causation or proxy causes. A patient could go to the hospital in order to have a hernia fixed, but end up having their gall bladder removed. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This is different from state to state. The patient who was injured must prove that the substandard treatment caused injury, and they must show what compensation they are entitled to.

Damages

If a medical error has caused you to suffer an injury, you are entitled to be made whole. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your loss.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then participate in discovery, a process in which documents and declarations are made public under oath. Medical records and the notes of a doctor are typically requested during discovery.

In many states, to get compensation for injuries caused through malpractice, you need to prove four things that include 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 caused by the injury. If your lawyer can prove all of these elements, you have an excellent case for financial recovery in a medical malpractice case.

In certain instances the court can decide to award punitive damages. These are intended to penalize the perpetrator and discourage others from engaging in the same conduct. However, this isn't the norm in medical malpractice cases, as courts require clear evidence of malice to award these extraordinary awards.