How to File a Medical Malpractice Case

A patient who discovers an object that is foreign like surgical clamps, remains inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical negligence: duty, deviation from this duty and the direct reason.

It is essential for our clients to establish a direct causal connection between the breach of duty and the damage which is referred to as proximate cause.

Causes of Injury

A medical malpractice lawsuit can be filed by the injured person or an attorney. It could be the spouse, adult child guardian, parent or administrator of a deceased patient's estate depending on the circumstances. In a medical malpractice case the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

Expert testimony is typically required in cases of malpractice. Medical experts are required to testify whether or whether the healthcare provider adhered to the standards of care for their specific area. They also have to testify to the harm that was caused by the doctor's actions or inactions.

The consequences of negligence and negligence can be very serious. A misdiagnosis can have serious consequences, such as an illness that could be life-threatening. 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 the duty owed to the patient by the physician; a breach of this 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 for a malpractice claim.

Causation

The injury element is called the causation. It is among the most crucial aspects of a medical malpractice claim. To prove causation the plaintiff must demonstrate that they suffered their injury on a balance of probabilities due to of the negligence of a physician. This can be a difficult task due to a variety reasons.

Many injuries that are the basis for medical malpractice lawsuits negligence lawsuits result from long-term or ongoing issues that existed before treatment began. Often the statute of limitation for a medical malpractice lawsuit extends over a number of years and the injuries may develop slowly.

In these instances the proof that a medical professional's failure to adhere to the standard of care that led to the injury is a challenge. However, the patient who was hurt could be able to use evidence collected by the attorney, including medical records and expert testimony.

During the discovery procedure as part of the legal process prepping for a trial your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is representing the case will be asked to appear in a deposition. This is a statement that's given under the oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will then decide whether the plaintiff has proved the necessary elements of their case including obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury in a case of medical malpractice to show that it is more likely that the doctor did not fulfill his or her duties as a doctor and that these violations caused injury. The plaintiff's attorney has to be able to prove this by utilizing evidence gathered during discovery. This includes requesting documents, including medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded for trial, are also a part of this process.

A doctor breached his or her professional obligation in the event that he or her did something that a reasonable prudent doctor would not do under similar circumstances. It must be proven that the breach caused the injury directly to the patient. This is known as causation or causal proximate causes. For example the patient is admitted to the hospital for a hernia procedure and is then able to have his or her gall bladder removed instead. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a certain time limit, known as the statute of limitations. This differs from state-to-state. The victim must show that the inadequate treatment caused injury, then they must prove what monetary compensation they're entitled to.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your losses.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties then participate in discovery, a process by which documents and statements are made public under an oath. During discovery, medical records and doctor's notes will usually be requested.

In the majority of states, you must establish four elements to be compensated for injuries incurred by medical malpractice: a duty owed by the healthcare provider; a breach of that obligation; a causal connection between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can prove all of these elements, then you've got an excellent case for financial recovery in a medical negligence claim.

In certain instances the court might make punitive damages a possibility which is intended to punish a wrongdoer, and discourage others from committing similar crimes. However, this is rare in medical malpractice cases, as courts require clear evidence of malice to give these extraordinary awards.