How to File a Medical Malpractice Case
A patient who finds an object that is foreign, for example, surgical clamps in her body after gall bladder surgery is able to sue for medical malpractice. A successful claim must prove the elements of medical malpractice: duty, deviation from this duty and the direct cause.
It is vital for our clients to establish a direct link between the breach of duty and the injury called proximate causation.
Causes of Injury
A medical negligence case may be filed by the person who has been injured or a person legally designated to represent them. Depending on the circumstances, this could be the spouse of the patient or an adult child, parent, guardian ad litem or the executor or administrator of the estate of the deceased patient. The plaintiff in a medical malpractice suit is the health professional. This could be a doctor, nurse or therapist, or any other health care professional.
Expert testimony is typically required in malpractice cases. Medical experts must be able to prove whether or the
medical Malpractice Law Firm professional was in compliance with the standard of care for their particular field. They also need to testify on the harm caused by the doctor's actions or inactions.
The consequences of negligence and malpractice can be severe. A misdiagnosis could have grave consequences, including a life-threatening condition. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.
The patient must prove four legal elements of a malpractice lawsuit: a duty owed to the patient by the physician and a breach of this obligation; a harm caused by the breach and the resulting damages. In certain states like New York the law limits the amount of money awarded for a malpractice claim.
Causation
The injury element is called the causation. It is one of most crucial elements in a medical negligence claim. To prove causation, the plaintiff must prove that their injury was caused by the physician's negligence. This is a challenging task due to several reasons.
For instance, many of the injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. The time-limit for a medical malpractice case can be extended over a period of time and injuries may develop slowly.
In these cases it is necessary to prove 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 is afflicted could be able to use evidence collected by the attorney, including medical records and expert testimony.
During the discovery process, which is a component of the legal process for preparation for trial, your lawyer will request the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is defending the lawsuit will then be asked to give evidence during deposition, which is testimony that is under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the facts of the case which include breach of duty, breach and causation.
Negligence
If a
medical malpractice lawsuit is filed, the plaintiff will have 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 breaches caused harm. The plaintiff's attorney must prove this by using evidence obtained during discovery. This includes the request of documents, including medical records and other records from all parties in the lawsuit. Depositions, in which statements are made under oath and recorded for use at trial, are also part of this process.
A doctor breached his or her professional obligations in the event that he or her did something that a prudent physician would not do in similar circumstances. It must be established that the breach caused injury directly to the patient. This is referred to as causation or the proximate cause. For example, a patient goes to the hospital for a hernia procedure and ends up having 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 suits must be filed within a certain time limit, known as the statute of limitations. This varies from state to state. The injured patient must establish that the care provided was substandard and caused injury, and then he or she must demonstrate the amount of compensation he or she deserves.
Damages
You should be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.
The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties participate in discovery. This is which involves the disclosure of documents and statements presented under oath. During discovery, medical records and notes from a doctor will usually be requested.
In most states, you need to establish four elements to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider in breach of that duty; a causal relationship between the breach and the injury suffered by the patient and the damages that result from the injury. If your attorney can prove all of these elements in a medical negligence claim, you will have a convincing case.
In certain instances courts may award punitive damages, which are designed to punish the offender and deter others from committing the same offense. This isn't often however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they may make these extraordinary awards.