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How to File a medical malpractice law firm Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps inside her body following gall bladder surgery could bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice lawsuit can be filed by the person who was injured or a legal representative. Based on the specific circumstances, this may be the spouse of the patient, an adult child or parent, guardian ad litem or the administrator or executor of the estate of the patient who died. The defendant in a medical malpractice lawsuit is the health care provider. This could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in malpractice cases. Medical experts are required to be able to testify that the healthcare provider acted within the standard of care in his or her particular field of expertise. They also need to testify on the injury that was caused by the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be quite severe. For instance, a misdiagnosis of a health problem could have life-threatening consequences. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case which include a duty to the patient by the doctor and a breach of that duty; an injury caused by the breach and the resulting damages. In certain states, such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The element of injury is called the causation. It is one of most crucial aspects in a medical malpractice claim. To establish causation, the plaintiff must prove that the injury was caused by the doctor's negligence. This is a challenging job due to various reasons.

Many injuries that are the basis for a medical negligence lawsuit result from chronic conditions which were present before treatment began. The time limit for a medical malpractice case can be extended over a period of time and injuries may develop slowly.

In these instances it is often difficult to prove that one particular medical professional's breach of standard of care led to the injury. The attorney could have gathered evidence, including expert testimony and medical records that the patient who was injured can use.

During the discovery process, which is an integral part of the legal procedure getting ready for trial, your lawyer could ask for the disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is representing the case will be asked to give a deposition. This is a declaration that's given under the oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice, that it is likely that the doctor did not fulfill the obligations of a physician and that those actions led to injury. The plaintiff's lawyer must demonstrate this through evidence collected during discovery. This includes soliciting documents, including medical records as well as other documents from all parties in the lawsuit. The process also involves swearing statements that are recorded and used in trial.

A doctor has violated the professional duties of a doctor if he or she did something that a reasonable prudent doctor would not do in the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. Patients may visit a hospital to repair a hernia, but instead end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit 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 must establish that the negligence resulted in injury, and then demonstrate the amount of compensation they are entitled to.

Damages

If medical negligence caused you to sustain an injury, you should be compensated. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for medical malpractice lawsuit 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 then engage in discovery. This is a procedure which involves the disclosure of documents and statements presented under an oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, you need to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal connection between the breach and medical malpractice lawsuit the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you will have a convincing case.

In certain instances courts may make punitive damages available, which are designed to punish the offender and deter others from engaging in similar misconduct. This isn't often however, particularly in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to make these extraordinary awards.