How to File a Medical Malpractice Case
A patient who discovers that an object foreign to the body, such as surgical clamps, is still inside her body following gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful claim must prove the elements of medical negligence: duty, deviation from the duty, and direct reason.
It is essential for our clients to establish a direct relationship between the breach of duty and the harm called proximate causation.
The reason for injury
A medical malpractice claim can be filed either by the injured person or a legal representative. This could be a spouse or adult child, parent, guardian or administrator of the estate of a deceased patient depending on the specific circumstances. In a medical negligence case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.
Expert testimony is often required in malpractice cases. Medical experts must provide evidence to prove that the medical professional was acting in accordance with the standards of treatment in their special area of expertise. They must also testify regarding the injury caused by the doctor's actions or inactions.
The injuries that result from malpractice and negligence can be very severe. For instance, a misdiagnosis of a medical condition could 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 establish four legal elements of a malpractice lawsuit which include a duty to the patient by the doctor and a breach of this duty; an injury caused by the breach; and resulting damages. In certain states like New York the law limits the amount of money awarded in a case of malpractice.
Causation
The injury element is also known as the causation. It is among the most important elements in a medical negligence claim. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This is a difficult task due to a variety of reasons.
For example, many injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were in the process of being treated prior to. Often, the statute of limitations for a medical negligence claim extends over a number of years, and injuries may develop slowly.
In these cases, proving that a medical professional's failure to adhere to the standard of care and led to the injury can be difficult. However, the patient who was hurt may be able to use evidence gathered by the attorney, such as
medical malpractice lawyer records and expert testimony.
During the discovery procedure which is an element of the legal process prepping for a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be required to testify in deposition, which is testimony under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case, including duty, breach and causation.
Negligence
When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and that the violations caused harm. The plaintiff's lawyer has to show this through evidence gathered through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.
A doctor has violated their professional duty in the event that they did something an ordinary prudent doctor would not have done in similar circumstances. It must be proved that the breach caused the injury directly to the patient. This is known as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia operation and is then able to have his or his gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.
Medical malpractice suits must be filed within the legal time limit, known as the statute of limitations. This is different from state to state. The injured patient must establish that the negligence caused injury and then demonstrate the amount of compensation he or her deserves.
Damages
You deserve to be compensated for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive the full and fair 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 proceed to discovery, a process by which documents and statements are disclosed under an oath. Medical records and notes of a doctor are typically requested during discovery.
In most states, you need to demonstrate four elements in order to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that obligation; 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 of a medical negligence claim, you will have a convincing case.
In some cases the court can make punitive damages available, which are intended to penalize the offender and deter others from engaging in the same conduct. However, this isn't the norm in
medical Malpractice law Firm malpractice cases, as courts require evident proof of malice in order to give these extraordinary awards.