How to File a Medical Malpractice Case
A patient who finds a foreign object such as surgical clamps within her body after gall bladder surgery is able to sue for medical malpractice. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.
It is vital for our clients to establish a direct connection between the breach of duty and the injury which is referred to as proximate cause.
Causes of Injury
A medical malpractice claim may be filed either by the person who was injured or an attorney. This could be a spouse, adult child or parent, guardian or administrator of the estate of a deceased patient, depending on the circumstances. In a case of medical malpractice, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.
Expert testimony is usually required in cases of malpractice. Medical experts must be able to prove whether or not the health care provider adhered to the standards of care for their particular area of expertise. They also have to testify to the damage caused by the doctor’s actions or inactions.
Accidents caused by negligence or negligence can be very serious. For instance, a misdiagnosis of a health condition can have life-threatening consequences. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.
To prove a malpractice claim the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach in this duty; a resultant injury and damages. In certain states, like New York, the law restricts the amount that can be awarded for the malpractice claim.
Causation
The injury element, also known as causation, is among the most important elements of a medical malpractice case. To establish causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a challenging task due to a variety of reasons.
A lot of the injuries that form the basis of a medical negligence suit result from long-term or ongoing conditions that existed prior to when treatment started. The time limit for a
medical malpractice lawsuit can be extended over the course of several years, and injuries can develop slowly.
In these cases it can be difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. However, the patient who is afflicted could be able to use the evidence gathered by the attorney, including medical records and expert testimony.
During the discovery process, which is a component of the legal procedure for preparing for trial, your lawyer will seek disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is representing the case will be asked to appear in deposition. This is a testimonies that's given under an oath. Your lawyer will be able to cross-examine doctor and contest their conclusions. The jury will then decide whether the plaintiff has proven the essential elements of their case including duty, breach, causation and injury.
Negligence
The plaintiff must convince the jury when bringing a claim for medical malpractice, that it is more than likely that the doctor did not fulfill the obligations of physician and that the breaches resulted in injury. The plaintiff's
lawyer must demonstrate this with evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath and recorded to be used at trial, are also part of this procedure.
A doctor violated his or her professional obligations when he/she did something that a prudent doctor would not do under the same circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For instance when a patient is taken to the hospital for a hernia procedure and is then able to have his or her gall bladder removed instead. This is medical negligence since the procedure was not beneficial to the patient.
Medical malpractice lawsuits must be filed within a legally regulated period of time, also known as the statute of limitations, which varies according to the state. The person who has suffered injury must prove that the negligent care caused injury, and then he or she must prove how much monetary compensation he or she deserves.
Damages
If medical negligence has caused you to suffer injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your losses.
The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties then engage in discovery. This is a procedure where documents and evidence are disclosed under an oath. Medical records and the notes of a doctor are typically requested during discovery.
In the majority of states, you need to demonstrate four elements in order to be compensated for any 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 injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all of these elements, then you've got an extremely strong case for financial recovery in a medical negligence claim.
In certain instances, the court may decide to award punitive damages which is intended to punish a wrongdoer, and discourage others from committing similar conduct. However, this is rare in medical malpractice cases, since courts require specific proof of malice to give these extraordinary awards.