How to File a Medical Malpractice Case

A patient who discovers that an object foreign to her, such as surgical clamps, remain inside her body after gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviance 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 reason.

Cause of Injury

A medical malpractice lawsuit can be filed by the person who suffered the injury or an attorney. This can be the spouse or adult child or parent, guardian or administrator of a deceased patient's estate, based on the 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 licensed health professional.

Expert testimony is typically required in cases of malpractice. Medical experts must testify as to whether or whether the health professional followed the standard of care for their particular field. They must also testify about the harm caused by the doctor's actions or inactions.

Accidents caused by negligence or malpractice can be severe. For instance, a misdiagnosis of a health condition can result in life-threatening consequences. Other types of injuries could include operating on the wrong part or vimeo putting instruments inside the patient during surgery.

To establish a malpractice case the patient must prove four legal elements: a duty the physician owed to them; a breach of this duty; a resultant injury; and damages. In some states, like New York, the law restricts the amount that can be awarded in the malpractice claim.

Causation

The element of injury is known as the causation. It is one of most crucial aspects in a lasalle medical malpractice lawsuit malpractice claim. To prove causation, the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a difficult job due to various reasons.

Many of the injuries that are the basis for a medical negligence lawsuit stem from long-term or ongoing conditions that existed prior to when treatment began. Often the statute of limitation for a medical malpractice claim is extended over a period of years and the injuries can develop gradually.

In these cases the proof that a medical professional's breached the standard of care that led to the injury is not easy. The attorney could have gathered evidence, such as medical records and expert testimony that the injured person could use.

During the discovery procedure as part of the legal procedure for preparing for a trial, your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will then be asked to testify during a deposition, which is the testimony under oath. Your lawyer will be able to cross-examine doctor and contest their conclusions. The jury will decide then if the plaintiff has proven the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice in court, that it is more than likely that the doctor did not fulfill the obligations of a physician and that those violations caused injury. The lawyer for the plaintiff must prove this using evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath, and recorded for trial, are also a part of this process.

A doctor has breached their professional obligation by doing something that a reasonable and prudent doctor would not have done in the same circumstances. However it must be established that the breach directly caused the injury to the patient. This is referred to as causation, or the proximate cause. For instance when a patient is taken to the hospital for a hernia surgery and then has his or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed time frame, known as the statute of limitations, that varies from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, and they must prove what monetary compensation they're entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is filing and serving a complaint and summons on all defendants named in the lawsuit. The parties are involved in discovery. It is a process where documents and statements are made public under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In the majority of states, to get compensation for injuries caused by malpractice, you need to prove four things such as a duty of care that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury and damages resulting from the injury. If your attorney can establish all of these elements, then you've got an argument for financial compensation in a medical negligence claim.

In some cases, courts can give punitive damages, which are designed to punish the perpetrator and discourage others from engaging in similar misconduct. This isn't often, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to decide to award these extraordinary damages.