How to File a Medical Malpractice Case
A patient who discovers a foreign object like surgical clamps, remain inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must prove the elements of
medical malpractice lawyers malpractice: duty, deviation from the duty, and direct cause.
Our clients must establish a direct link between the breach of duty and the injury. This is known as proximate cause.
Causes of Injury
A medical malpractice lawsuit can be filed by the person who has been injured or by a person legally appointed to act on their behalf. It could be the spouse or adult child, parent, guardian or administrator of an estate belonging to a deceased patient depending on the specific circumstances. The plaintiff in a
medical malpractice lawsuit is the health care provider. This could be a nurse, doctor, therapist or any other licensed health professional.
Expert testimony is typically required in cases of malpractice. Medical experts must be able to prove whether or not the health care provider adhered to the standards of treatment for their specific area. They also have to testify about the injury caused by the physician's actions or inactions.
The consequences of malpractice and negligence can be very severe. For instance, a wrong diagnosis of a health problem could result in life-threatening consequences. Other types of injuries can be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.
To prove a malpractice case the patient has to prove four legal elements: a duty the doctor owed them; a breach of this duty; a subsequent injury; and damages. In some states, such as New York, the law restricts the amount of money that can be awarded for an injury resulting from a malpractice claim.
Causation
The injury element, also known as causation, is one the most crucial elements in a medical malpractice case. To prove causation the plaintiff must demonstrate that they sustained the injury on a balance of probabilities as a result of the negligence of a physician. This is a challenging job due to various reasons.
For example, many injuries that are the basis of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were present before treatment began. The time-limit for a medical malpractice case can be extended over a period of time and injuries may develop slowly.
In these situations, it is difficult to prove that a particular medical professional's violation of the standard of care caused the injury. The attorney may have collected evidence, including medical records and expert testimony, that the injured patient could use.
During the discovery process, which is a part of the legal process for preparation for trial, your lawyer could request disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the case will be asked to testify in a deposition. This is a testimony that is given under oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will decide then if the plaintiff has established the essential elements of their case, including obligation, breach, causation and injury.
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 violated professional duties and that the breached duties caused injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This process also includes the recording of sworn statements and used in trial.
A doctor has breached their professional duty by doing something that a reasonable and prudent doctor would not have done under the same circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and is later told that he or the gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.
Medical malpractice lawsuits must be brought within a legally regulated period of time, also known as the statute of limitations which is different for each state. The person who suffered the injury must prove that the negligent treatment caused injury, then they must show what compensation they deserve.
Damages
If medical negligence has caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we will assist you in receiving full and fair 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 statements are made public under the oath. During discovery, medical records and notes from a doctor are typically requested.
In the majority of states, you must prove four things in order to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider in breach of that duty; a causal relationship between the breach and the patient's injury as well as damages that result from the injury. If your attorney can demonstrate all of these aspects of a medical negligence claim, you will have a convincing case.
In some cases the court can award punitive damage that is intended to punish a wrongdoer, and deter others from engaging in similar conduct. It is not common however, particularly in medical malpractice cases. The courts must have very clear evidence of malice before they can decide to award these extraordinary damages.