Why Medical Malpractice Settlement Can Be More Dangerous Than You Realized

How to File a Medical Malpractice Case

A patient who discovers an object foreign to her like surgical clamps, is still inside her body following gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from the norm and direct reason.

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

Cause of Injury

A medical malpractice claim can be filed by the victim or a legal representative. Depending on the 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 medical malpractice lawsuit is the health professional. This could be an accredited nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts are required to determine if the healthcare provider did what was required of medical care within their particular field of expertise. They also have to testify to the harm that was caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be very serious. A mistake in diagnosis can have devastating consequences, like the possibility of a life-threatening illness. 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 of a malpractice claim that include a duty owed to the patient by the physician and a breach of that duty; injury caused by the breach; and resulting damages. In certain states, like New York, the law restricts the amount of money that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also known as causation, is among the most important elements of medical malpractice cases. To establish causation the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a challenging task for a number of reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. Often the statute of limitations for a medical negligence claim extends out over a number of years, and the injuries can develop gradually.

In these situations, it is difficult to prove that a certain medical professional's breach of standard of care led to the injury. However, the aggrieved patient could be able to make use of evidence collected by the attorney, such as meridian medical malpractice lawsuit documents and Vimeo expert testimony.

During the discovery process as part of the legal procedure for preparation for a trial, your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will then be asked to testify during depositions, which are testimony under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury, Vimeo when bringing a lawsuit for medical malpractice in court, that it is likely that the doctor violated the obligations of a doctor and that these mistakes led to injuries. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties involved in the lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor breached his or her professional duty if he or she did something that a prudent physician would not do under the same 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 the patient is admitted to the hospital for a procedure to treat a hernia and is then able to have his or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within the legal period, referred to as the statute of limitations. This differs from state to state. The injured patient has to show that the inadequate treatment resulted in injury, and after that they must establish what compensation they are entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties are involved in discovery. This is a procedure in which documents and declarations are revealed under oath. Medical records and notes of a doctor are typically requested during discovery.

In many states, to get compensation for injuries caused by malpractice, you need to establish four elements: a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages that result from the injury. If your attorney can demonstrate all of these elements in a medical negligence claim, you'll have an impressive case.

In some instances the court could make punitive damages a possibility that is intended to punish the wrongdoer and deter others from engaging in similar crimes. It is not common however, especially in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.