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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery could sue for medical negligence. 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 known as the proximate reason.

Cause of Injury

A medical malpractice case can be filed by the injured person or a person legally designated to act on their behalf. This can be the spouse, adult child guardian, parent or administrator of the estate of a deceased person, depending on the circumstances. In a medical negligence case the defendant is the health care provider. It could be a licensed nurse, doctor or therapist.

Malpractice cases usually involve a lot of expert testimony. Medical experts must determine if the doctor acted within the standard of care in his or her specific field of expertise. They also have to testify to the damage caused by the actions or inactions of the doctor.

The consequences of malpractice and negligence can be very severe. A mistake in diagnosis can have devastating consequences, like a life-threatening condition. Other types of injuries can include operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice lawsuit: a duty owed to the patient by the physician or a breach of the obligation; an injury resulting by the breach; and the resulting damages. In certain states like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is one of the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging task due to a variety reasons.

For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit stem from long-term or ongoing conditions that were present before treatment began. Often, the statute of limitations for a claim involving medical malpractice extends over a number of years, and injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's violation of the standard of care that led to the injury is a challenge. However, the patient who was hurt might be able use evidence collected by the attorney, such as medical records and expert testimony.

During the discovery process, which is an integral part of the legal procedure getting ready for trial, your lawyer can request disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the case will be asked to take deposition. This is a testimonies that's given under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven all the elements of the case including breach of duty, breach of contract and causation.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that the breached duties caused injuries. The attorney representing the plaintiff must prove this by using evidence gathered during discovery. This involves seeking documents, such as medical records from all parties involved in a lawsuit. Depositions, in which statements are made under oath, and recorded for use in trial, are also a part of this procedure.

A doctor was in breach of the professional duties of a doctor in the event that he or her did something that a reasonably prudent physician would not do in similar circumstances. It must be proved that the breach caused injury directly to the patient. This is called causation or the proximate cause. For instance, a patient goes to the hospital for a hernia surgery and ends up having his or his gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

medical malpractice lawyer malpractice lawsuits must be filed within a legally prescribed time frame, known as the statute of limitations that varies from state to state. The person who has suffered injury must prove that the substandard care caused injury and then demonstrate the amount of compensation he or her deserves.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties participate in discovery. This is where documents and evidence are disclosed under oath. During discovery medical records and doctor's notes will typically be sought.

In most states, you need to establish four elements to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of the duty; a causal link between the breach and the patient's injury as well as damages that result from the injury. If your attorney can establish all of these elements, then you've got a strong case for financial compensation in a medical malpractice claim.

In certain cases the court can decide to award punitive damages. These are intended to penalize the culprit and deter others from committing the same offense. However, this isn't the norm in medical malpractice cases since courts require specific proof of malice to award these extraordinary awards.