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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her like surgical clamps, remains in her body following gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct cause 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 by the person who suffered the injury or an attorney. Based on the specific circumstances, this may be the spouse of the patient or an adult child parent, guardian ad litem, or the administrator medical malpractice or executor of the estate of the deceased patient. The plaintiff in a lawsuit for medical malpractice is the health professional. This could be a nurse, doctor, therapist or any other health professional.

Expert testimony is often required in malpractice cases. Medical experts must testify as to whether the health care provider acted within the standard of treatment in their specific field of expertise. They must also testify regarding injuries caused by physician's actions or inactions.

Injury caused by negligence and mistakes can be devastating. For example, a misdiagnosis of a health condition can result in life-threatening consequences. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim: a 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, also known as causation, is among the most crucial elements in medical malpractice cases. To prove causation, the plaintiff must prove that they sustained the injury on the basis of probabilities due to of the negligence of the doctor. This is a challenging job due to various reasons.

Many injuries that are the basis for a medical negligence lawsuit stem from chronic illnesses that existed before treatment started. The time limit for a medical malpractice case can be extended over the course of several years and injuries can develop slowly.

In these cases it can be difficult to prove that a certain medical professional's breach of the standard of care caused the injury. However, the aggrieved patient could be able to use the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is a part of the legal process for preparation for trial, your lawyer could ask for the disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is defending the case will be required to take a deposition. This is a testimony that's given under an oath. Your lawyer will be able to cross-examine doctor and challenge their findings. The jury will decide then if the plaintiff has proven the essential elements of their case including duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice in court, that it is more likely that the physician violated his or her obligations as a doctor and that these mistakes led to injuries. The plaintiff's attorney has to demonstrate this using evidence gathered during pretrial discovery. This involves requesting documents, including medical records as well as other documents from all parties in a lawsuit. Depositions, where statements are made under oath, and recorded to be used at trial, are also a part of this process.

A doctor has violated their professional obligation when they did something that an ordinary prudent doctor would not have done under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or the proximate cause. A patient might go to the hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

medical malpractice lawyer malpractice suits must be filed within a certain time limit, known as the statute of limitations. This differs from state-to-state. The person who suffered the injury must prove that the substandard treatment caused injury, and then they have to prove the amount of compensation they are entitled to.

Damages

If medical negligence has led you to sustain an injury, you have the right to be made whole. At Scaffidi & Associates, we will assist you in receiving an adequate and fair amount of compensation for your loss.

The first step is filing and serving a complaint and summons on all defendants named in the lawsuit. The parties then begin discovery, a process by which documents and declarations are made public under an oath. During discovery medical records and Medical malpractice notes from a doctor are usually requested.

In many states, to receive compensation for injuries sustained by malpractice, you have to prove four things including a duty of good faith that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can prove all of these elements, you have an extremely strong case for financial recovery in a claim for medical malpractice.

In some instances the court might decide to award punitive damages which is intended to penalize a wrongdoer and deter others from engaging in similar conduct. This is not the norm however, particularly in medical malpractice cases. The courts must have a clear evidence of malice before they are able to award these extraordinary damages.