How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps inside her body after gall bladder surgery is able to bring a lawsuit against a doctor for medical negligence. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from this duty and the direct cause.

It is crucial for our clients to establish a direct relationship between the breach of duty and the damage which is referred to as proximate cause.

Causes of Injury

A medical malpractice lawsuit can be filed by the injured person or a legal representative. Based on the circumstances, this may be the spouse of the patient or an adult child, parent, a guardian ad litem, or the executor or administrator of the estate of the patient who died. The defendant in a suit for medical negligence is the health care provider. This could be a doctor, nurse or therapist, or it-viking.ch any other licensed health professional.

Malpractice cases usually involve an abundance of expert testimony. Medical experts must provide evidence to prove that the healthcare provider acted within the standard of treatment in their specific area of expertise. They must also testify to the harm resulting from the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be quite severe. For instance, a misdiagnosis of a medical condition could have 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 of a malpractice claim which include a duty to the patient by the doctor or a breach of the obligation; an injury resulting by the breach and the resulting damages. In some states such as New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one the most important elements of 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 can be a difficult job due to a variety of reasons.

A lot of the injuries that form the basis for medical negligence lawsuits result from long-term or it-viking.ch ongoing illnesses that existed before treatment started. The statute of limitations on medical malpractice cases can be extended for a number of years and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's breach of the standard of care led to the injury is difficult. The attorney could have gathered evidence, including expert testimony and medical records that the patient who was injured can utilize.

During the discovery process, which is part of the legal process for preparing for trial, your lawyer may request the disclosure of expert testimony and other evidence from lawyers of the defendants. The doctor defending the lawsuit will then be asked to testify during deposition, which is testimony that is under oath. Your lawyer can cross-examine the doctor and contest their findings. The jury will then decide whether the plaintiff has established the essential elements of their case such as obligation, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and that the breaches caused harm. The plaintiff's lawyer must demonstrate this by presenting evidence through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.

A doctor breached the professional duties of a doctor when he or she did something that a reasonably prudent physician would not do under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or causal proximate causes. For example, a patient goes to the hospital for a hernia operation and is then able to have his or his gall bladder removed instead. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a specific legal timeframe, also known as the statute of limitations. This varies from state to state. The victim must prove that the substandard care caused injury, and then he or she must prove the amount of financial compensation he or she deserves.

Damages

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

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

In the majority of states, you must establish four elements to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these elements, you have an argument for financial compensation in a medical malpractice case.

In certain cases, the court may award punitive damage which is intended to punish the wrongdoer and deter others from engaging in similar acts. However, this is rare in medical malpractice cases, as the courts require extremely evident proof of malice in order to make these extraordinary awards.