How to File a Medical Malpractice Case

If a patient discovers that a foreign object like surgical clamps, remains inside her body following gall bladder surgery can be able to file a lawsuit for medical malpractice law firms medical malpractice. A successful lawsuit must prove the legal aspects of Medical Malpractice Law Firms negligence: duty, deviation from this duty, direct cause and injury.

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

The reason for injury

A medical negligence case may be initiated by the patient who was injured or by a person legally appointed to represent them. Depending on the circumstances this could be the spouse of the patient or an adult child, parent, a guardian ad Litem or the administrator or executor of the estate of the deceased patient. In a case involving medical malpractice, the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Malpractice cases usually involve a lot of expert testimony. Medical experts are required to determine if the health care provider acted within the standard of treatment in their specific area of expertise. They must also testify regarding injuries caused by doctor's actions or inactions.

Injuries that result from malpractice or negligence can be extremely serious. For instance, a wrong diagnosis of a medical condition could have life-threatening consequences. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim the duty owed to the patient by the physician and a breach of that duty; an injury caused by the breach and the consequential damages. In some states, such as New York, the law puts a limit on amount of money that can be awarded in a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most important elements of a medical malpractice case. To establish causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This is a difficult task due to a variety of reasons.

A lot of the injuries that form the basis of a medical negligence suit result from long-term illnesses or illnesses that existed before treatment started. Often, the statute of limitations for a medical malpractice claim extends out over a number of years, and the injuries may develop slowly.

In these instances the proof that a medical professional's violation of the standard of care which led to the injury is difficult. However, the patient who was hurt could be able to use evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is part of the legal procedure for preparation for trial, your lawyer could request the disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the lawsuit is then asked to testify during a deposition, which is the testimony under the oath. Your lawyer may cross-examine the doctor and contest their findings. The jury will decide whether the plaintiff has established the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice, that it is likely that the doctor violated his or her obligations as medical professional and that these mistakes led to injuries. The plaintiff's lawyer has to show this through evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical malpractice attorney records from all parties involved in the lawsuit. Depositions, where statements are made under oath, and recorded for use at trial, are also a part of this process.

A doctor has violated their professional duty by doing something that a reasonable and prudent doctor would not have done under the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proximate cause. Patients may visit a hospital to repair a hernia however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed time frame, known as the statute of limitations that varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, then they must show what compensation they deserve.

Damages

If medical negligence has led you to suffer an injury, you have the right to be made whole. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then engage in discovery, a process in which documents and declarations are made public under oath. Medical records and notes of the doctor are typically sought during discovery.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that obligation; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can establish all of these elements, then you've got an excellent case for financial compensation in a medical malpractice case.

In certain instances the court can decide to award punitive damages, which is meant to punish the perpetrator and deter others from engaging in similar acts. However, this isn't the norm in medical malpractice cases as courts require specific proof of malice to award these extraordinary awards.