How to File a Medical Malpractice Case

A patient who finds that an object foreign to her, such as surgical clamps, is still inside her body following gall bladder surgery could bring a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of lockport medical malpractice attorney negligence: duty, deviation from this duty, direct causes, lawyers and injury.

Our clients must establish a direct connection between the breach of duty and the injury. This is referred to as the proximate reason.

Causes of Injury

A medical malpractice claim can be filed by the injured patient or by a person legally appointed to represent them. This could be the spouse or adult child parent, guardian, or administrator of an estate belonging to a deceased patient, based on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. This could be a doctor, nurse, lawyers therapist or any other health professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify whether or whether the health professional adhered to the standards of care for their particular field. They also have to 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 extremely serious. A misdiagnosis can have serious consequences, including a life-threatening condition. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice claim which include a duty to the patient by the doctor and a breach of that obligation; a harm caused by the breach; and the resulting damages. In some states, such as New York, the law places a limit on the amount of money that can be awarded for an action for malpractice.

Causation

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

Many of the injuries that form the basis for a medical negligence suit result from chronic conditions which were present before treatment started. The statute of limitations on a medical malpractice case could be extended over the course of several years and the development of injuries can happen slowly.

In these instances, it is difficult to prove that a particular medical professional's breach of standard of care led to the injury. However, the patient who is afflicted could be able to use the evidence gathered by the attorney, such as medical records and expert testimony.

During the discovery process, which is a part of the legal procedure getting ready for trial, your lawyer could ask for the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor defending the lawsuit is then asked to testify during depositions, which are testimony that is under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the necessary elements of their case, including duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice to show that it is likely that the doctor did not fulfill his or her responsibilities as medical professional and that these breaches resulted in injury. The plaintiff's attorney has to demonstrate this through evidence obtained during discovery. This involves soliciting documents, including medical records and other records from all parties in a lawsuit. This also includes swearing statements that are recorded and used in trial.

A doctor has breached their professional duty when they did something that an ordinary prudent doctor would not have done in similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. A patient might go to the hospital in order to repair a hernia, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within the legal time limit, known as the statute of limitations. This varies from state to state. The injured patient has to show that the inadequate treatment resulted in injury, and after that they have to prove the amount of compensation they're entitled to.

Damages

If a medical error has caused you to sustain an injury, you are entitled to be compensated. At Scaffidi & Associates, we can help you receive the full and fair compensation for your loss.

The first step is filing and serving a complaint and summons on all named defendants in the lawsuit. The parties then engage in discovery, a process in which documents and statements are revealed under an oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, you must prove four things to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal relationship between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, you will have an excellent case for financial recovery in a medical negligence claim.

In some cases courts may decide to award punitive damages. These are designed to punish the offender and deter others from engaging in similar conduct. However, this is rare in medical malpractice cases, as courts require specific proof of malice to make these extraordinary awards.