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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as 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 direct cause.

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

The reason for injury

A medical malpractice lawsuit can be filed either by the victim or an attorney. Based on the specific circumstances, it could be the spouse of the patient, an adult child or parent, guardian ad litem, or the administrator or executor of the estate of the deceased patient. The plaintiff in a lawsuit for medical malpractice is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts are required to be able to testify that the healthcare provider was acting in accordance with the standards of care in his or her specific field of expertise. They must also testify about the injury caused by the physician's actions or inactions.

Injuries caused by negligence and malpractice can be severe. For instance, a misdiagnosis of a health issue could cause life-threatening complications. Other types of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

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

Causation

The element of injury is known as the causation. It is one of most crucial elements in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by the physician's negligence. This is a challenging task due to several reasons.

Many of the injuries that form the basis for a medical negligence lawsuit result from long-term or ongoing conditions that existed prior to when treatment began. The statute of limitations on a medical malpractice lawsuit can be extended over a period of time and injuries can develop slowly.

In these cases, proving that a medical professional's breach of the standard of care which led to the injury is difficult. The attorney may have collected evidence, such as medical records and expert testimony that the injured person could use.

During the discovery process, which is a component of the legal process for prepping for trial, your lawyer could request disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is defending the lawsuit will be asked to give evidence during deposition, which is the testimony under an oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will decide if the plaintiff has proven the elements of the case which include breach of duty, breach 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 doctor did not perform his or her professional duties and those breaches resulted in injuries. The plaintiff's attorney has to demonstrate this through evidence obtained during discovery. This includes seeking documents, such as medical records as well as other documents from all parties in a lawsuit. Depositions, in which the statements are made under oath and recorded for use in trial, are also a part of this process.

A doctor has breached their professional obligation by doing something that a reasonable and prudent doctor would not have done under similar circumstances. It must be established that the breach caused injury directly to the patient. This is referred to as causation or proximate causes. For instance, superstitionism.com a patient goes to the hospital for a hernia surgery and is later told that he or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations which is different for each state. The injured patient must establish that the negligence caused injury, and then he or she must demonstrate the amount of compensation he or she is entitled to.

Damages

If medical negligence has led you to suffer a traumatic injury, you have the right to be compensated. 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 are involved in discovery. This is where documents and evidence are disclosed under oath. Medical records and doctor's notes are typically requested during discovery.

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

In some cases, courts can award punitive damages, which are designed to punish the offender and deter others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases, as courts require evident proof of malice in order to award these extraordinary awards.