How to File a
medical malpractice law Firm Malpractice Case
A patient who finds a foreign object such as surgical clamps inside her body after gall bladder surgery may make a claim for medical negligence. A successful claim must prove the elements of medical negligence: duty, deviation from the duty, and direct cause.
It is crucial for our clients to establish a direct link between the breach of duty and the damage, known as proximate causation.
The reason for injury
A medical malpractice claim may be filed by the injured person or a legal representative. Depending 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 deceased patient. In a medical malpractice case the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.
Expert testimony is typically required in malpractice cases. Medical experts are required to testify on whether or the medical professional adhered to the standards of care in their specific field. They must also testify to the harm that was caused by the doctor’s actions or inactions.
The consequences of malpractice and negligence can be extremely serious. For example, a misdiagnosis of a health condition can cause life-threatening complications. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.
The patient must prove four legal elements of a malpractice claim that include a duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach and the resulting damages. In certain states, like New York the law limits the amount of money awarded for a malpractice claim.
Causation
The element of injury is known as the causation. It is among the most important elements in a medical negligence claim. To establish causation, the plaintiff must prove that they suffered an injury based on a balance of probabilities due to of the negligence of the doctor. This can be a difficult task due to a variety of reasons.
Many injuries that are the basis of medical negligence lawsuits result from long-term conditions or ongoing illnesses that existed before treatment began. Often the statute of limitations for a medical negligence claim extends over a number of years, and the injuries may develop slowly.
In these cases it is difficult to prove that a medical professional's failure to adhere to the standard of care which led to the injury is not easy. The attorney could have collected evidence, like medical records and expert testimony that the injured person can utilize.
During the discovery process which is an element of the legal procedure for preparation for a trial, your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will then be asked to testify during a deposition, which is the testimony under the oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has substantiated all the elements of the case including breach of duty, breach of contract 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 doctor did not perform his or her professional duties and those violations caused injury. The attorney representing the plaintiff must demonstrate this through evidence obtained during discovery. This includes requesting documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, wherein statements are made under oath, and recorded to be used at trial, are also part of this process.
A doctor has violated his or her professional obligation when he or she did something that a prudent physician would not do under similar circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. A patient might visit the hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical negligence because the procedure was not beneficial to the patient.
medical malpractice law firms malpractice lawsuits must be filed within a legally-defined period of time, called the statute of limitations, which varies according to the state. The patient who is injured must prove that the negligence caused injury and then show how much compensation he or she deserves.
Damages
If medical negligence has caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you to receive full and fair compensation for your losses.
The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties engage in discovery. This is where documents and statements are presented under an oath. During discovery medical records and
medical Malpractice law Firm doctor's notes are usually requested.
In the majority of states, you need to establish four elements to be compensated for injuries incurred by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, you have an excellent case for financial recovery in a medical malpractice case.
In certain cases courts may award punitive damages, which are intended to penalize the culprit and deter others from committing the same offense. This is rare however, in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to make these extraordinary awards.