How to File a Medical Malpractice Case

If a patient discovers that an object that is foreign, such as surgical clamps, remains in her body following gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects 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 the proximate cause.

The reason for injury

A medical malpractice claim can be filed by the person who was injured or an attorney. Based on the specific circumstances, this may 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 deceased patient. In a case involving medical malpractice the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Malpractice cases usually require many expert witnesses. Medical experts must testify as to whether or not the health care provider adhered to the standards of care for their particular area of expertise. They also need to testify on the injury caused by the physician's actions or inactions.

Injuries caused by negligence and mistakes can be catastrophic. A misdiagnosis could have grave consequences, such as life-threatening conditions. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice claim which include a duty to the patient by the physician or a breach of the duty; injury caused by the breach; and the resulting damages. In some states such as New York the law limits the amount of money awarded in a malpractice case.

Causation

The element of injury is known as the causation. It is among the most important aspects in a medical malpractice claim. To establish causation, the plaintiff must show that they suffered their injury based on a balance of probabilities as a result of the negligence of a physician. This can be a challenging task due to several reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing illnesses that were present prior to treatment. The time-limit for medical malpractice cases can be extended over a period of time, and injuries can develop slowly.

In these situations, it is difficult to prove that a particular medical professional's breach of standards of care caused the injury. The attorney may have collected evidence, such as medical records and expert testimony that the patient who was injured can use.

In the discovery process as part of the legal process for preparation for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit will then be asked to testify during deposition, which is testimony that is under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proved the essential elements of their case, including duty, breach, causation and injury.

Negligence

When a medical negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and that those breaches caused injury. The attorney representing the plaintiff must be able to prove this by utilizing evidence collected during discovery. This includes requesting documents, including medical records, from all parties involved in a lawsuit. Depositions, where statements are made under oath, Medical Malpractice and recorded for use at trial, are also part of this procedure.

A doctor has violated their professional duty when they did something that reasonable and prudent doctors would not have done under similar circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is referred to as causation or causal proximate causes. A patient might visit the hospital to have a hernia repaired, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

lovington medical malpractice lawyer malpractice lawsuits must be brought within a legally regulated time frame, known as the statute of limitations, that varies from state to state. The victim must prove that the substandard treatment caused injury, and medical malpractice then they must prove what monetary compensation they're entitled to.

Damages

If medical negligence has caused you to sustain an injury, you are entitled to be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then engage in discovery. This is a process where documents and statements are disclosed under an oath. During discovery medical records and notes from a doctor will typically be sought.

In most states, to receive compensation for injuries sustained by malpractice, you have to establish four elements: a duty of care owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resultant from the injury. If your lawyer can prove all these elements in a medical negligence claim, you'll have a convincing case.

In certain instances courts may award punitive damages, which are intended to penalize the offender and deter others from engaging in similar conduct. However, this is not the norm in medical malpractice cases, because the courts require specific proof of malice to award these awe-inspiring awards.