How to File a Medical Malpractice Case
A patient who discovers that an object foreign to the body, such as surgical clamps, remains in her body following gall bladder surgery could bring a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.
It is essential for our clients to establish a direct relationship between the breach of duty and the damage that is known as proximate causation.
Cause of Injury
A medical malpractice lawsuit can be initiated by the patient who was injured or a person legally designated to represent them. Based on the specific circumstances, this may be the spouse of the patient, an adult child or parent, a 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. It could be an accredited doctor, nurse or therapist.
Expert testimony is typically required in malpractice cases.
medical malpractice law firms experts are required to testify whether or the medical professional adhered to the standards of treatment for their specific area. They must also testify regarding the harm caused by the physician's actions or actions or.
Accidents caused by negligence or mistakes can be devastating. For example, a misdiagnosis of a health issue could result in life-threatening consequences. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.
The patient must prove four legal elements of a malpractice claim the duty owed to the patient by the physician; a breach of this duty; an injury caused by the breach; and the resulting damages. In some states, like New York, the law sets a limit on the amount of money that could be awarded for the malpractice claim.
Causation
The injury element, also known as causation, is one of the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a difficult task due to a variety reasons.
Many of the injuries that are the basis of a medical negligence lawsuit result from long-term or ongoing issues that existed before treatment began. Often the statute of limitation for a claim involving medical malpractice is extended over a period of years and the injuries may develop slowly.
In these instances it is often difficult to prove that a certain medical professional's breach of the standard of care led to the injury. However, the patient who is afflicted could be able to use evidence gathered by the attorney, like medical records and expert testimony.
During the discovery process, which is a part of the legal procedure for prepping for a trial your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be required to testify in deposition. This is a testimonies that is made under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the essential elements of their case such as the duty of care, breach, causation and injury.
Negligence
The plaintiff must convince the jury, in a case of medical malpractice to show that it is likely that the doctor acted in violation of his or her responsibilities as a physician and that those violations caused injury. The plaintiff's lawyer must demonstrate this using evidence obtained during discovery. This includes seeking documents, such as medical records and other records from all parties in a lawsuit. This also includes the recording of sworn statements and used at trial.
A doctor has violated his or her professional duty in the event that he or her did something that a reasonable prudent doctor would not do in the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is called causation or the proximate cause. A patient could visit the hospital to repair a hernia and instead, have their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.
Medical malpractice lawsuits must be filed within a legally prescribed time frame, known as the statute of limitations, which varies by state. The injured patient has to show that the inadequate treatment caused injury, then they must prove what monetary compensation they deserve.
Damages
If medical negligence caused you to suffer injury, you should be made whole. Scaffidi & Associates can help you receive full and fair compensation for your losses.
The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then engage in discovery, in which documents and declarations are made public under oath. During discovery medical records and notes from a doctor will usually be requested.
In most states, in order to receive compensation for injuries sustained by malpractice, you have to prove four things such as a duty of care that is due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resulting from the injury. If your lawyer can prove all these elements in a medical malpractice claim, you'll have an enviable case.
In certain instances, a court may decide to award punitive damages. These are intended to punish the perpetrator and discourage others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases because the courts require specific proof of malice to award these awe-inspiring awards.