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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 may make a claim for medical malpractice. A successful claim has to prove the elements of medical malpractice: duty, deviation from the duty, and direct reason.

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

The reason for injury

A medical malpractice claim can be initiated by the patient who was injured or a legal person to represent them. Depending on the circumstances, this could be a spouse of the patient, an adult child or parent, a guardian ad litem, or the executor or administrator of the estate of the deceased patient. In a medical negligence case, the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to be able to testify that the health care provider was acting in accordance with the standards of medical care within their specific area of expertise. They also have to testify about the harm caused by the physician's actions or inactions.

The consequences of malpractice and negligence can be extremely serious. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim which include a duty to the patient by the physician and a breach of that obligation; a harm caused by the breach and the resulting damages. In certain states, such as New York, the law puts a limit on amount that can be awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most important elements in a medical malpractice case. To establish causation the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a difficult job due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing ailments that were present prior to the time of treatment. Often the statute of limitation for a medical negligence claim is extended over a period of years, and injuries can develop gradually.

In these situations it is often difficult to prove that a particular medical malpractice attorneys professional's breach of the standard of care led to the injury. The attorney could have gathered evidence, such as medical records and expert testimony, that the injured patient could use.

During the discovery process which is an element of the legal procedure for the preparation of a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be asked to give deposition. This is a declaration which is under oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will then decide whether the plaintiff has proven the essential elements of their case including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury in a case of medical malpractice, that it is more than likely that the doctor acted in violation of his or her responsibilities as physician and that the violations caused injury. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which includes seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also part of this procedure.

A doctor has breached their professional duty when they did something that a reasonable and prudent doctor would not have done under similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. Patients may go to the hospital to repair a hernia but end up having their gall bladder removed. This is Medical malpractice Law Firm malpractice since the removal of the gall bladder 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 is different for each state. The victim must prove that the negligent care resulted in injury, and then he or she must prove the amount of financial compensation he or she deserves.

Damages

If a medical malpractice law firms error has caused you to sustain an injury, you deserve to be compensated. At Scaffidi & Associates, we can assist you to receive full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then participate in discovery, a process by which documents and statements are revealed under oath. Medical records and the notes of a doctor are typically requested during discovery.

In most states, you have to establish four elements to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal relationship between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can prove all of these elements of a medical negligence claim, you'll have an impressive case.

In some instances, courts can award punitive damages, which are intended to penalize the perpetrator and discourage others from engaging in the same conduct. However, this is not the norm in medical malpractice cases since courts require evident proof of malice in order to award these awe-inspiring awards.