How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps inside her body following gall bladder surgery can make a claim for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct causes, and injury.

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

Causes of Injury

A medical malpractice claim may be filed either by the injured person or a legal representative. Based on the circumstances, it 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 patient who died. The plaintiff in a medical malpractice suit is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Expert testimony is typically required in cases of malpractice. Medical experts must testify as to whether or not the health care provider adhered to the standards of care for their specific area. They must also testify to the harm caused by the actions or inactions of the doctor.

Injury caused by negligence and mistakes can be catastrophic. For example, a misdiagnosis of a health issue could have life-threatening consequences. Other types of injuries could include operating on the wrong part or putting instruments inside the patient during surgery.

In order to establish a malpractice case, the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty, resulting injury and damages. In some states, such as New York, the law puts a limit on amount that can be awarded in the malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important aspects of medical malpractice cases. To prove causation the plaintiff must demonstrate that they sustained the injury on the balance of probabilities due to of the negligence of the doctor. This can be a difficult task due to several reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit stem from long-term conditions or ongoing conditions which were present before treatment started. The time period for filing medical malpractice cases can be extended over a period of time and injuries may develop slowly.

In these cases, proving that a medical professional's breached the standard of care led to the injury is difficult. However, the person who was harmed might be able use the evidence gathered by the attorney, including joshua medical malpractice attorney documents and expert testimony.

During the discovery procedure, which is a part of the legal process for Vimeo preparation for a trial, your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be asked to give a deposition. This is a statement which is under the oath. Your lawyer will be able to cross-examine doctor and challenge their findings. The jury will then decide if the plaintiff has established the necessary elements of their case, including duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice to show that it is likely that the physician violated the obligations of medical professional and that these violations caused injury. The attorney representing the plaintiff must be able to prove this by utilizing evidence gathered during discovery. This involves the request of documents, including medical records from all parties involved in a lawsuit. This process also involves sworn statements that are recorded and used at trial.

A doctor has violated their professional obligation if they did something reasonable and prudent doctors would not have done in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For example, a patient goes to the hospital for a hernia operation and is later told that he or his gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a legal timeframe, also known as the statute of limitations. This varies from state to state. The victim must demonstrate that the treatment was substandard and caused injury, and they have to prove the amount of compensation they're entitled to.

Damages

If medical negligence has led you to suffer injury, you deserve to be made whole. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your loss.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties are involved in discovery. This is a procedure where documents and statements are presented under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, you have to establish four elements to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal relationship between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can prove all of these elements, you will have an excellent case for financial compensation in a medical negligence claim.

In some instances the court could decide to award punitive damages that is intended to punish the wrongdoer and discourage others from committing similar misconduct. However, this is not the norm in medical malpractice cases as courts require clear evidence of malice to award these awe-inspiring awards.