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How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps within her body following gall bladder surgery is able to file a lawsuit for medical malpractice. A successful claim must prove the elements of medical malpractice: duty, deviation from this duty and the direct cause.

It is important for our clients to establish a direct link between the breach of duty and the resulting injury which is referred to as proximate cause.

The reason for injury

A medical malpractice claim can be filed by the injured person or by a person legally appointed to represent them. This could be the spouse or adult child or parent, guardian or administrator of the estate of a deceased patient, based on the circumstances. The defendant in a suit for medical negligence is the health professional. It could be a licensed doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to testify on whether or whether the health professional was in compliance with the standard of care for their specific area. They also have to testify about the injury caused by the physician's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. An incorrect diagnosis can lead to serious consequences, such as the possibility of a life-threatening illness. Other kinds of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

In order to establish a malpractice case the patient has to prove four legal elements: a duty the doctor owed to them; a breach of this duty, resulting injury and damages. In certain states, like New York, the law puts a limit on amount of money that can be awarded in a malpractice claim.

Causation

The injury element, also known as causation, is one of the most important elements of medical malpractice cases. 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.

For example, many injuries that are the basis of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were already present prior to the time of treatment. The time period for filing medical malpractice cases can be extended over the course of several years and injuries may develop slowly.

In these instances it is often difficult to prove that a specific medical professional's failure to adhere to the standards of care caused the injury. However, the aggrieved patient could be able to make use of the evidence collected by the attorney, such as medical records and expert testimony.

In the discovery process which is an element of the legal procedure for the preparation of a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit is then called to testify during deposition, which is testimony under oath. Your lawyer is able to cross-examine doctor and contest the doctor's findings. The jury will decide if the plaintiff has proven the facts of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice, that it is likely that the doctor violated his or her duties as medical professional and that these mistakes led to injuries. The plaintiff's lawyer must demonstrate this using evidence obtained during discovery. This includes requesting documents, including medical malpractice lawyer records as well as other documents from all parties in a lawsuit. Depositions, where statements are made under oath, and recorded for use in trial, are also part of this procedure.

A doctor has violated their professional obligation if they did something a reasonable prudent physician would not have done in similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is known as causation or proximate causes. For example, a patient goes to the hospital for a hernia procedure and ends up having his or his gall bladder removed instead. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally defined time frame, known as the statute of limitations, which varies by state. The victim must prove that the negligence caused injury, and then prove the amount of financial compensation he or she deserves.

Damages

If a medical error has caused you to suffer an injury, you have the right to be made whole. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your loss.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties are involved in discovery. This is a process which involves the disclosure of documents and statements presented under the oath. During discovery, Medical Malpractice law firm records and notes from a doctor will usually be requested.

In many states, to be eligible for compensation for injuries incurred by malpractice, you have to establish four elements including a duty of good faith that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury; and damages caused by the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, you'll have an impressive case.

In certain cases courts may award punitive damages, which are intended to punish the culprit and deter others from engaging in similar misconduct. However, this is rare in medical malpractice cases, as courts require specific proof of malice to award these awe-inspiring awards.