How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps in her body after gall bladder surgery is able to make a claim for medical malpractice. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

It is crucial for our clients to establish a direct causal connection between the breach of duty and the injury called proximate causation.

The reason for injury

A claim for medical malpractice can be filed either by the victim or a legal representative. Depending on the circumstances, this could be a spouse of the patient or an adult child, parent, guardian ad Litem or the administrator or executor of the estate of the deceased patient. The defendant in a medical malpractice suit is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases usually require the testimony of experts. Medical experts must testify as to whether the doctor did what was required of treatment in their specific field of expertise. They also have to testify to the damage caused by the doctor’s actions or inactions.

The consequences of malpractice and negligence can be extremely serious. A mistake in diagnosis can have devastating consequences, including an illness that could be life-threatening. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

In order to prove a malpractice case the patient has to prove four legal elements: a duty the physician owed to them; a breach of this duty; a subsequent injury and damages. In some states, like New York, the law restricts the amount that can be awarded in an action for malpractice.

Causation

The element of injury is known as the causation. It is one of the most important aspects in a medical malpractice claim. To establish causation, the plaintiff must show that they suffered their injury on the basis of probabilities due to of the negligence of the doctor. This can be a difficult task for several reasons.

A lot of the injuries that form the basis for medical negligence lawsuits result from long-term illnesses or issues that existed before treatment started. Often the statute of limitation for a medical negligence claim extends out over a number of years and the injuries can develop gradually.

In these instances it can be difficult to prove that a particular medical malpractice law firm professional's breach of the standard of care caused the injury. The attorney could have gathered evidence, like medical records and expert testimony, that the injured patient can use.

During the process of discovery which is an element of the legal process prepping for Vimeo a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will then be called to testify during depositions, which are testimony under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved all the elements of the case which include breach of duty, breach and causation.

Negligence

When a medical negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician violated professional obligations and that those violations caused injury. The lawyer representing the plaintiff must show this through evidence gathered through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also part of this procedure.

A doctor Vimeo breached the professional duties of a doctor if he or she did something that a reasonable prudent doctor would not do in the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. Patients may go to the hospital in order to repair a hernia but end up having their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within a legal time limit, known as the statute of limitations. This varies from state to state. The victim must prove that the negligent treatment resulted in injury, and after that they must prove what monetary compensation they deserve.

Damages

If medical negligence caused you to sustain an injury, Vimeo you have the right to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties participate in discovery. This is a process where documents and statements are made public under the oath. During discovery medical records and notes from a doctor are typically requested.

In most states, you must demonstrate four elements in order to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider and a breach of that obligation; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements in a medical malpractice claim, you'll have an impressive case.

In some instances courts may make punitive damages available, which are designed to punish the culprit and deter others from engaging in the same conduct. But, this isn't often the case in medical malpractice cases since courts require specific proof of malice to make these extraordinary awards.