How to File a Medical Malpractice Case
A patient who finds an object foreign to the body such as surgical clamps in her body after gall bladder surgery may sue for medical negligence. A successful claim must prove the elements of medical malpractice: duty, deviation from the duty, and direct cause.
It is important for our clients to establish a direct connection between the breach of duty and the injury which is referred to as proximate cause.
The reason for injury
A medical malpractice case can be filed by the injured patient or a legal person to represent them. This can be the spouse or adult child parent, guardian, or administrator of the estate of a deceased person depending on the specific circumstances. In a medical malpractice case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health care professional.
Expert testimony is usually required in cases of malpractice. Medical experts are required to be able to testify that the healthcare provider performed his duties in accordance with the standard of treatment in their particular field of expertise. They must also testify about the injury caused by the doctor's actions or
Medical malpractice law firm inactions.
Injuries caused by negligence and mistakes can be devastating. For instance, a misdiagnosis of a health issue could result in life-threatening consequences. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.
To establish a malpractice claim the patient has to prove four legal elements: a duty that the doctor owed them; a breach of this duty; a resultant injury; and damages. In certain states, such as New York the law limits the amount of money awarded in a malpractice case.
Causation
The injury element is known as the causation. It is one of the most crucial aspects in a medical malpractice claim. To establish causation the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a challenging task due to several reasons.
A lot of the injuries that form the basis of a medical negligence lawsuit stem from long-term conditions or ongoing conditions which were present before treatment began. Often, the statute of limitations for a claim involving medical malpractice extends over a variety of years and the injuries can develop gradually.
In these instances it can be difficult to prove that a certain
medical malpractice lawsuit professional's failure to adhere to the standards of care caused the injury. However, the person who was harmed could be able to use evidence collected by the attorney, like medical records and expert testimony.
During the discovery process, which is a part of the legal procedure for prepping for trial, your lawyer can seek disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is defending the case will be required to appear in deposition. This is a statement that is given under an oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide if the plaintiff has proven that the allegations of the case are true including breach of duty, breach of contract and causation.
Negligence
The plaintiff must convince the jury when bringing a claim for medical malpractice to show that it is more likely that the doctor acted in violation of his or her obligations as medical professional and that these mistakes led to injuries. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This process also includes swearing statements that are recorded and used at trial.
A doctor has violated their professional duty if they did something a reasonable prudent physician would not have done in similar circumstances. However it must be established that the breach directly caused the injury to the patient. This is known as causation or causal proximate causes. A patient could visit the hospital to have a hernia fixed, but end up having their gall bladder removed. This is medical negligence because the removal was not beneficial for the patient.
Medical malpractice lawsuits must be filed within a certain time limit, known as the statute of limitations. This differs from state to state. The person who suffered the injury must demonstrate that the treatment was substandard and caused injury, then they must prove what monetary compensation they're entitled to.
Damages
You deserve to be compensated for any injuries you have 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 summons and complaint to all named defendants in the lawsuit. The parties then engage in discovery. This is a process where documents and evidence are made public under an oath.
medical Malpractice law firm records and the notes of the doctor are typically sought during discovery.
In the majority of states, you have to prove four things in order to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can demonstrate all of these elements in a medical malpractice claim, you'll have a convincing case.
In certain instances the court might award punitive damage that is intended to punish the perpetrator and discourage others from committing similar misconduct. However, this isn't the norm in medical malpractice cases, since courts require specific proof of malice to award these extraordinary awards.