How to File a Medical Malpractice Case
If a patient discovers that a foreign object, such as surgical clamps, remains inside her body following gall bladder surgery may bring a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviance from this duty and the direct reason.
It is vital for our clients to establish a direct link between the breach of duty and the harm that is known as proximate causation.
The reason for injury
A medical malpractice claim may be filed by the injured person or a legal representative. This could be the spouse, adult child parent, guardian, or administrator of the estate of a deceased person, based on the circumstances. In a medical negligence case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.
Malpractice cases usually involve an abundance of expert testimony. Medical experts must provide evidence to prove that the doctor was acting in accordance with the standards of care in his or her specific area of expertise. They must also testify to the harm caused by the actions or inactions of the doctor.
The consequences of negligence and negligence can be very serious. For example, a misdiagnosis of a health problem could cause life-threatening complications. Other types of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.
In order to prove a malpractice case, the patient must prove four legal elements: a duty that the doctor owed to them; a breach in this duty; a resultant injury and damages. In certain states, such as New York, the law sets a limit on the amount that can be awarded for an action for malpractice.
Causation
The element of injury is called the causation. It is one of the most important aspects in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging task due to several reasons.
A lot of the injuries that form the basis for
Medical Malpractice Law Firm negligence lawsuits result from chronic issues that existed before treatment started. The time-limit for a medical malpractice case could be extended for a number of years and injuries can develop slowly.
In these cases it can be difficult to prove that a particular medical professional's violation of the standard of care led to the injury. The attorney may have collected evidence, like expert testimony and medical records, that the injured patient can use.
During the process of discovery that is part of the legal procedure for the preparation of a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will be asked to give evidence during a deposition, which is testimony under oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will then decide if the plaintiff has proven the essential elements of their claim, which includes the duty of care, breach, causation and injury.
Negligence
The plaintiff must convince the jury, in a case of
medical malpractice attorney malpractice that it is more likely that the doctor acted in violation of his or her responsibilities as physician and that the mistakes led to injuries. The plaintiff's lawyer must be able to prove this by utilizing evidence collected during discovery. This involves requesting documents, including medical records, from all parties involved in the lawsuit. This process also involves sworn declarations that are recorded and used in trial.
A doctor violated his or her professional duty when he/she did something that a reasonably prudent doctor would not do in the same circumstances. It must be proved that the breach resulted in injury directly to the patient. This is called causation or proximate causes. For instance, a patient goes to the hospital for a procedure to treat a hernia and then has his or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.
Medical malpractice lawsuits must be brought within a legally defined period of time, called the statute of limitations, which is different for each state. The patient who is injured must prove that the substandard care caused injury and then prove how much monetary compensation he or she deserves.
Damages
If medical negligence caused you to suffer an injury, you should be made whole. Scaffidi & Associates can help you get fair and complete compensation for your losses.
The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then begin discovery, a procedure in which documents and statements are revealed under an oath. Medical records and notes of a doctor are typically requested during discovery.
In the majority of states, to get compensation for injuries caused through malpractice, you need to establish four elements including a duty of good faith that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury; and damages resulting from the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you'll have an enviable case.
In certain cases, a court may award punitive damages, which are intended to punish the offender and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases, as courts require specific proof of malice to give these extraordinary awards.