How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps in her body following gall bladder surgery can file a lawsuit for medical malpractice. A successful claim has to prove the elements of medical negligence: duty, deviation from the duty, and direct reason.

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

Causes of Injury

A medical malpractice claim may be filed either by the injured person or a legal representative. 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 deceased patient. In a medical negligence case, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to provide evidence to prove that the doctor performed his duties in accordance with the standard of medical care within their specific area of expertise. They must also testify as to the damage caused by the actions or inactions of a doctor.

Injuries caused by negligence and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, such as life-threatening conditions. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice claim: a duty owed to the patient by the doctor and a breach of this duty; injury caused by the breach and resulting damages. In certain states, such as New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also referred to as causation is one of the most important elements of medical malpractice cases. To prove causation, a plaintiff must demonstrate that they suffered an injury on the basis of probabilities as a result of the negligence of a physician. This can be a challenging task for several reasons.

Many injuries that are the basis for a medical negligence lawsuit stem from long-term conditions or ongoing conditions that existed prior to when treatment began. The time limit for medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these cases, proving that a medical professional's breached the standard of care and led to the injury is a challenge. However, the person who was harmed could be able to make use of evidence collected by the attorney, like medical records and expert testimony.

During the discovery procedure which is an element of the legal procedure for the preparation of a trial your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit is then asked to testify during a deposition, which is testimony given under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the essential elements of their case such as obligation, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and those breached duties caused injury. The lawyer for the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. The process also involves sworn declarations that are recorded and used at trial.

A doctor has violated the professional duties of a doctor when he/she did something that a reasonably prudent doctor would not do under the same circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. For instance, a patient goes to the hospital for a hernia operation and then has his or his gall bladder removed instead. This is medical malpractice law firm negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated time frame, known as the statute of limitations which varies by state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then he or she must prove how much monetary compensation they are entitled to.

Damages

You should be compensated for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then begin discovery, a process by which documents and statements are disclosed under an oath. medical malpractice law firms records and notes of the doctor are typically sought during discovery.

In many states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things such as a duty of care owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages caused by the injury. If your attorney can prove all of these elements in a medical malpractice claim, you will have a convincing case.

In some instances courts may make punitive damages available, which are intended to punish the wrongdoer and deter others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases, because the courts require clear evidence of malice to award these extraordinary awards.