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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 following gall bladder surgery could file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from the duty, and direct cause.

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

The reason for injury

A medical malpractice claim may be filed either by the victim or an attorney. It could be the spouse, adult child, parent, guardian or administrator of an estate belonging to a deceased patient depending on the circumstances. The defendant in a medical malpractice lawsuit is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is often required in cases of malpractice. Medical experts must testify as to whether or whether the healthcare provider followed the standard of care for their particular area of expertise. They must also testify to the harm that was caused by the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be very severe. For example, a misdiagnosis of a health issue could result in life-threatening consequences. Other types of injuries can include operating on the incorrect body part or putting surgical instruments in the patient.

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

Causation

The injury element is known as the causation. It is among the most important aspects in a medical malpractice claim. To establish causation the plaintiff must demonstrate that their injury was caused by the physician's negligence. This is a challenging task due to several reasons.

Many of the injuries that are the basis of medical negligence lawsuits result from long-term illnesses or conditions which were present before treatment began. The time limit for a medical malpractice case can be extended over the course of several years and injuries can develop slowly.

In these cases the proof that a medical professional's failure to adhere to the standard of care which led to the injury is not easy. However, the aggrieved patient could be able to make use of evidence collected by the attorney, such as medical documents and expert testimony.

During the discovery procedure which is an element of the legal procedure for preparing for a trial, your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be required to testify in a deposition. This is a statement that is given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the essential elements of their case such as the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice to show that it is more likely that the doctor violated the obligations of medical professional and that these breaches resulted in injury. The plaintiff's lawyer has to demonstrate this with evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical malpractice attorneys records from all parties who are involved in the lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor breached his or her professional obligation when he or she did something that a reasonably prudent doctor would not do under the same circumstances. It must be established that the breach caused the injury directly to the patient. This is known as causation or proximate cause. For instance an individual goes to the hospital for a hernia operation and then has his or the gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, referred to as the statute of limitations, which is different for each state. The injured patient must establish that the negligence resulted in injury, and then he or she must prove how much monetary compensation he or her 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 will assist you in receiving the full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties engage in discovery. This is a procedure where documents and statements are presented under oath. During discovery medical records and doctor's notes are usually requested.

In most states, you need to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal relationship between the breach and the patient's injury as well as damages that result from the injury. If your attorney can prove all of these elements in a medical malpractice claim, you will have an enviable case.

In certain cases, the court may give punitive damages, which is meant to punish a wrongdoer, and discourage others from committing similar acts. This is not the norm, however, in medical malpractice law firm malpractice cases. The courts must have very clear evidence of malice before they can award these extraordinary damages.