How to File a Medical Malpractice Case
If a patient discovers that a foreign object, such as surgical clamps, remains in her body following gall bladder surgery may file a
medical malpractice attorney malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct cause and injury.
It is essential for our clients to establish a direct connection between the breach of duty and the harm that is known as proximate causation.
Causes of Injury
A medical malpractice case can be filed by the person who has been injured or a legal person to represent them. This could be the spouse, adult child or parent, guardian or administrator of a deceased patient's estate depending on the circumstances. In a medical malpractice case, the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.
Expert testimony is usually required in malpractice cases. Medical experts must provide evidence to prove that the medical professional performed his duties in accordance with the standard of care in their special area of expertise. They must also testify about the injury caused by the physician's actions or inactions.
Accidents caused by negligence or mistakes can be devastating. For example, a misdiagnosis of a health problem could have life-threatening consequences. Other types of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.
In order to prove a malpractice claim, the patient must prove four legal elements: a duty the doctor owed them; a breach of this duty; a resultant injury and damages. In certain states, such as New York the law limits the amount of money that can be awarded in a malpractice case.
Causation
The injury element, also referred to as causation is one of the most important elements in a medical malpractice case. To establish causation, the plaintiff must prove that their injury was caused by a physician's negligence. This can be a challenging job due to various reasons.
For instance, many injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing conditions that were already present prior to the time of treatment. The statute of limitations on a medical malpractice case can be extended over the course of several years and the development of injuries can happen slowly.
In these instances, it is difficult to prove that a specific medical professional's failure to adhere to the standards of care caused the injury. The attorney may have gathered evidence, such as expert testimony and medical records that the patient who was injured can use.
During the discovery process, which is a part of the legal process for getting ready for trial, your lawyer can request disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the case will be asked to testify in deposition. This is a testimonies that is given under oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide then if the plaintiff has established the essential elements of their claim, which includes breach of duty, causation, breach of duty and injury.
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 those breaches caused harm. The plaintiff's attorney must demonstrate this through evidence gathered during discovery. This includes requesting documents, including medical records, from all parties involved in a lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also a part of this process.
A doctor has breached their professional duty in the event that they did something a reasonable and prudent doctor would not have done under the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is referred to as causation, or the proximate cause. A patient may go to the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical negligence because the removal did not benefit the patient.
Medical malpractice suits must be filed within the legal timeframe, also known as the statute of limitations. This differs from state-to-state. The victim must prove that the substandard treatment caused injury, then they must establish what compensation they are entitled to.
Damages
If a medical error has caused you to suffer injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your loss.
The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties engage in discovery. It is a process where documents and evidence are revealed under oath. Medical records and doctor's notes are typically requested during discovery.
In most states, you have to prove four things to be compensated for injuries caused by
medical malpractice lawyers malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal relationship between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these elements, then you've got an extremely strong case for financial compensation in a medical negligence claim.
In certain instances, courts can give punitive damages, which are intended to penalize the culprit and deter others from engaging in similar misconduct. It is not common however, in medical malpractice cases. The courts must have a clear evidence of malice before they can decide to award these extraordinary damages.