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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery could file a lawsuit for medical negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this obligation, direct cause and injury.

Our clients must establish a direct connection between the breach of duty and the injury. This is known as proximate cause.

Cause of Injury

A medical negligence case may 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 an estate belonging to a deceased patient depending on the circumstances. The plaintiff in a suit for medical malpractice attorney negligence is the health care provider. It could be a licensed doctor, nurse or therapist.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to be able to testify that the medical professional was acting in accordance with the standards of medical care within their specific field of expertise. They must also testify to the harm that was caused by the actions or inactions of the doctor.

The injuries that result from malpractice and negligence can be very severe. For example, a misdiagnosis of a health condition can have life-threatening consequences. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to establish a malpractice case the patient must demonstrate four legal elements: a duty the physician owed to them; a breach of the breach; a resulting injury; and damages. In some states, like New York, the law restricts the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

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

For instance, a lot of injuries that are the subject of a medical malpractice law firm-malpractice lawsuit arise from long-term or ongoing ailments that were in the process of being treated prior to. Often the statute of limitation for a medical malpractice claim extends over a number of years, and injuries may develop slowly.

In these situations it is often difficult to prove that a specific medical professional's violation of the standard of care caused the injury. The attorney could have gathered evidence, including expert testimony and medical records that the patient who was injured may use.

During the discovery process, which is a component of the legal procedure for prepping for trial, your lawyer will ask for the disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is representing the case will be asked to give deposition. This is a testimonies that's given under oath. Your lawyer is able to cross-examine doctor and contest their conclusions. 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 the jury, when filing a claim for medical malpractice in court, that it is likely that the doctor violated his or her obligations as physician and that the actions led to injury. The attorney representing the plaintiff must demonstrate this through evidence collected during discovery. This includes soliciting documents, including medical records from all parties involved in a lawsuit. This process also includes sworn statements that are recorded and used in trial.

A doctor has breached their professional obligation in the event that they did something a reasonable prudent physician would not have done under the same circumstances. It must be established that the breach caused the injury directly to the patient. This is known as causation or proxy causes. A patient could go to the hospital to repair a hernia, however, they end up having their gall bladder removed. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated period of time, called the statute of limitations that varies from state to state. The person who suffered the injury must prove that the negligent treatment resulted in injury, and after that they must establish what compensation they are entitled to.

Damages

You should be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then proceed to discovery, a process by which documents and declarations are made public under an oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, you need to establish four elements to be compensated for any injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all of these elements, you can make a an argument for financial compensation in a medical malpractice case.

In some cases the court can give punitive damages, which are designed to punish the culprit and deter others from engaging in similar conduct. This is not the norm however, particularly in medical malpractice cases. The courts must have very clear evidence of malice before they can give these extraordinary damages.