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How to File a Medical Malpractice Case

A patient who discovers that an object foreign to her, such as surgical clamps, remains inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal elements 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 cause.

Causes of Injury

A medical negligence case may be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. This could be a spouse or adult child, parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. The plaintiff in a medical malpractice lawsuit is the health care provider. This could be a licensed doctor, nurse or therapist.

The majority of cases involving malpractice involve many expert witnesses. medical malpractice attorneys experts must testify as to whether or not the health care provider adhered to the standards of treatment for their specific area. They must also testify about the injury that was caused by the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be quite severe. For example, a misdiagnosis of a health problem could have life-threatening consequences. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

To prove a malpractice claim, the patient must prove four legal elements: a duty the doctor owed to them; a breach of this duty; a subsequent injury and damages. In some states, like New York, the law puts a limit on amount of money that can be awarded for the malpractice claim.

Causation

The injury element, also known as causation, is one the most important elements of medical malpractice cases. To prove causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a difficult task due to a variety of reasons.

For instance, many of the injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already present prior to the time of treatment. The time limit for a medical malpractice lawsuit can be extended for a number of years and the development of injuries can happen slowly.

In these cases, proving that a medical professional's breach of the standard of care and led to the injury is a challenge. However, the patient who was hurt could be able to make use of evidence gathered by the attorney, including medical documents and expert testimony.

During the process of discovery that is part of the legal process for preparing for a trial, your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit is then asked to testify during a deposition, which is testimony given under the oath. Your lawyer will be able to cross-examine doctor and challenge their conclusions. The jury will decide whether the plaintiff has established all the elements of the case which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice in court, that it is more likely that the doctor acted in violation of the obligations of a doctor and that these actions led to injury. The plaintiff's attorney must demonstrate this using evidence gathered during discovery. This includes requesting documents, including medical records, from all parties involved in a lawsuit. This process also includes the recording of sworn statements and used at trial.

A doctor has breached their professional obligation if they did something an ordinary prudent doctor would not have done in similar circumstances. It must be proved that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. For example, a patient goes to the hospital for a procedure to treat a hernia and ends up having his or the 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 brought within a legally prescribed time frame, known as the statute of limitations, which varies according to the state. The person who has suffered injury must prove that the substandard care resulted in injury, and then demonstrate the amount of compensation he or her deserves.

Damages

You are entitled to compensation for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your loss.

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 engage in discovery. This is a process where documents and statements are disclosed under oath. Medical records and the notes of the doctor are usually requested during discovery.

In the majority of states, to receive compensation for injuries sustained through malpractice, you need to prove four things: a duty of care that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your lawyer can prove all of these elements, you can make a an excellent case for financial compensation in a claim for medical malpractice.

In some cases the court could give punitive damages that is designed to punish the wrongdoer and deter others from engaging in similar conduct. However, this is rare in medical malpractice cases, as courts require clear evidence of malice to make these extraordinary awards.