5 Reasons Medical Malpractice Settlement Is Actually A Good Thing

How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her like surgical clamps, remains inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from the norm and direct cause.

It is important for our clients to establish a direct connection between the breach of duty and the harm that is known as proximate causation.

Cause of Injury

A medical malpractice case can be filed by the injured person or a person legally designated to represent them. This could be the spouse or adult child or parent, guardian or administrator of the estate of a deceased patient depending on the circumstances. The plaintiff in a medical malpractice lawsuit is the health professional. It could be a licensed nurse, doctor or therapist.

Expert testimony is typically required in malpractice cases. Medical experts must be able to testify that the doctor was acting in accordance with the standards of care in their specific field of expertise. They must also testify as to the harm caused by the doctor’s actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. For example, a misdiagnosis of a health problem could result in life-threatening consequences. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim that include a duty owed to the patient by the physician and a breach of that duty; an injury caused by the breach and resulting damages. In some states such as New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one of the most important aspects of medical malpractice cases. To prove causation, the plaintiff must show that they suffered their injury based on a balance of probabilities due to of the negligence of a physician. This can be a challenging job due to a variety of reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing ailments that were in the process of being treated prior to. Often, the statute of limitations for a medical malpractice lawsuit is extended over a period of years, and injuries may develop slowly.

In these cases it is difficult to prove that a medical malpractice law firms professional's breach of the standard of care and led to the injury can be difficult. The attorney may have gathered evidence, like expert testimony and medical records that the injured person can utilize.

During the discovery process, which is a part of the legal procedure for prepping for trial, your lawyer may seek disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor attorneys who is defending the lawsuit will then be asked to testify during depositions, which are testimony under the oath. Your lawyer will be able to cross-examine doctor and challenge their findings. The jury will decide whether the plaintiff has established all the elements of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice in court, that it is more likely that the doctor did not fulfill his or her obligations as medical professional and that these mistakes led to injuries. The lawyer for the plaintiff must demonstrate this with evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also a part of this procedure.

A doctor has violated their professional duty when they did something that a reasonable prudent physician 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 proximate causes. For instance, a patient goes to the hospital for a procedure to treat a hernia and then has his or his gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a certain timeframe, also known as the statute of limitations. This differs from state-to-state. The person who suffered the injury must show that the inadequate treatment caused injury, and they must prove what monetary compensation they deserve.

Damages

You deserve to be compensated for any injuries that you've suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then begin discovery, in which documents and statements are revealed under an oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, you need to establish four elements to be compensated for injuries incurred by medical malpractice such as a duty due to the healthcare provider in breach of that duty; a causal link between the breach and the injury suffered by the patient and attorneys damages resulting from the injury. If your lawyer can prove all these elements in a medical negligence claim, you will have an impressive case.

In certain cases the court could decide to award punitive damages that is designed to punish a wrongdoer, and deter others from engaging in similar acts. This is not the norm however, in medical malpractice cases. The courts must have clear evidence of malice before they can decide to award these extraordinary damages.