Everything You Need To Know About Medical Malpractice Settlement Dos And Don ts

How to File a Medical Malpractice Case

A patient who discovers a foreign object, such as surgical clamps, is still inside her body following gall bladder surgery could pursue a medical malpractice suit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

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

Cause of Injury

A medical malpractice lawsuit can be filed either by the person who was injured or a legal representative. 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 patient who died. The defendant in a suit for medical malpractice law firm negligence is the health professional. This could be a doctor, nurse or therapist, medical malpractice lawsuits or any other licensed health care professional.

Malpractice cases usually involve many expert witnesses. Medical experts must testify as to whether or not the health care provider was in compliance with the standard of care for their particular area of expertise. They also need to testify on the injury caused by the physician's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. A misdiagnosis can have serious consequences, like life-threatening conditions. Other types of injuries can include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements in a malpractice claim which include a duty to the patient by the doctor and a breach of that duty; an injury caused by the breach; and the consequential damages. In some states, such as New York, the law puts a limit on amount of money that can be awarded in a malpractice claim.

Causation

The injury element is also known as the causation. It is one of most crucial aspects in a medical malpractice claim. To prove causation the plaintiff must demonstrate that they sustained the injury on the basis of probabilities as a result of the negligence of a physician. This can be a challenging job due to a variety of reasons.

Many of the injuries that form the basis for a medical malpractice attorney negligence lawsuit stem from long-term conditions or ongoing illnesses that existed before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends over a number of years, and injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's breach of the standard of care that led to the injury is not easy. The attorney may have collected evidence, like medical records and expert testimony, that the injured patient can utilize.

During the discovery process as part of the legal process for preparing for a trial, your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is representing the case will be required to take a deposition. This is a statement that's given under the oath. Your lawyer will be able to cross-examine doctor and challenge their findings. The jury will decide if the plaintiff has proven all the elements of the case 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 more than likely that the doctor did not fulfill his or her obligations as a doctor and that these actions led to injury. The plaintiff's attorney must demonstrate this through evidence obtained during discovery. This includes soliciting documents, including medical records from all parties involved in a lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also part of this procedure.

A doctor has violated his or her professional obligations if he or she did something that a prudent doctor would not do under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient might go to the hospital to repair a hernia, and instead, have their gall bladder removed. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, called the statute of limitations, which is different for each state. The injured patient has to prove that the substandard treatment caused injury, then they must prove what monetary compensation they deserve.

Damages

If a medical error has caused you to suffer injury, you are entitled to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving a complaint and summons on all defendants named in the lawsuit. The parties are involved in discovery. This is a process where documents and statements are disclosed under the oath. During discovery, medical records and notes from a doctor will usually be requested.

In many states, to receive compensation for injuries sustained by malpractice, you have to prove four things that include a duty of care that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and 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 malpractice case.

In certain instances courts may make punitive damages available, which are intended to punish the offender and deter others from committing the same offense. However, this is rare in medical malpractice cases, since courts require specific proof of malice to award these awe-inspiring awards.