The Complete List Of Medical Malpractice Settlement Dos And Don ts

How to File a Medical Malpractice Case

A patient who discovers that a foreign object like surgical clamps, remains inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must demonstrate 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.

The reason for injury

A medical malpractice claim can be filed by the victim or an attorney. Depending on the circumstances, it could be the spouse of the patient, an adult child or parent, guardian ad litem, or the executor or administrator of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

The majority of cases involving malpractice involve a lot of expert testimony. Medical experts must testify as to whether or not the health care provider adhered to the standards of treatment for their particular field. They also have to testify about injuries caused by doctor's actions or inactions.

Injuries caused by negligence and negligence can be very serious. For example, a mistake in the diagnosis of a health problem could have life-threatening consequences. Other kinds 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 case: a duty owed to the patient by the physician or a breach of the duty; injury caused by the breach and the consequential damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also known as causation, is one the most important elements of a medical malpractice case. To prove causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a difficult job due to a variety of reasons.

Many of the injuries that are the basis for a medical malpractice law firms negligence suit result from long-term or ongoing issues that existed before treatment began. The statute of limitations on a medical malpractice case can be extended over several years and injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's failure to adhere to the standard of care led to the injury can be difficult. However, the aggrieved patient could be able to make use of the evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is a component of the legal process for preparing for trial, your lawyer will request the disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor defending the lawsuit will then be called to testify during deposition, which is testimony given under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the facts of the case including breach of duty, breach of contract and causation.

Negligence

If a claim for medical malpractice is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor breached his or her professional obligations and that those breached duties caused injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has breached their professional obligation by doing 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 proxy causes. A patient could go to the hospital to repair a hernia and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, referred to as the statute of limitations which varies by state. The patient who was injured must show that the inadequate treatment caused injury, and they must show what compensation they deserve.

Damages

You should be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you in obtaining an adequate and fair amount of 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 participate in discovery, a process by which documents and statements are made public under the oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, to get compensation for injuries caused through malpractice, you need to establish four elements 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 caused by the injury. If your lawyer can prove all of these elements, you will have an excellent case for financial recovery in a claim for medical malpractice.

In certain cases the court can make punitive damages a possibility, which is meant to punish the perpetrator and deter others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases since courts require specific proof of malice to give these extraordinary awards.