How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps inside her body following gall bladder surgery may file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from the norm and direct cause.

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

Causes of Injury

A medical negligence case may be filed by the injured patient or a person who is legally authorized to represent them. This can be the spouse, adult child, parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. In a case involving medical malpractice, the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other health care professional.

Malpractice cases usually require the testimony of experts. Medical experts must testify as to whether or not the health care provider was in compliance with the standard of care for their particular area of expertise. They must also testify regarding injuries caused by doctor's actions or inactions.

Injuries caused by negligence and negligence can be very serious. For example, a mistake in the diagnosis of a medical condition could result in life-threatening consequences. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the doctor or a breach of the obligation; an injury resulting by the breach; and the consequential damages. In certain states, like New York, the law places a limit on the amount of money that could be awarded for an action for malpractice.

Causation

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

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already present prior to treatment. Often the statute of limitations for a claim involving medical malpractice is extended over a period of years, and injuries can develop gradually.

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

During the discovery process, which is a component of the legal procedure for prepping for trial, your lawyer could ask for the disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the case will be asked to appear in deposition. This is a statement which is under an oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has proved the facts of the case including breach of duty, breach of contract and causation.

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 breached his or her professional duties and that the breached duties caused injury. The plaintiff's lawyer must demonstrate this through evidence obtained during discovery. This includes soliciting documents, including medical malpractice lawyer records, from all parties involved in a lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor has violated his or her professional duty when he/she did something that a prudent physician would not do under similar 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. A patient might visit the hospital to have a hernia fixed, but end up having their gall bladder removed. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally regulated time frame, known as the statute of limitations, which varies according to the state. The victim must prove that the substandard treatment caused injury, then they have to prove the amount of compensation they're entitled to.

Damages

You deserve to be compensated for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive full and fair compensation for your loss.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then begin discovery, a procedure in which documents and declarations are made public under an oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, you must establish four elements to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal link 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 have an argument for financial compensation in a claim for medical malpractice.

In some cases the court could give punitive damages that is designed to penalize a wrongdoer and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases, as courts require precise proof of malice before they can award these extraordinary awards.