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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery can sue for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, medical malpractice law firms deviance from this duty, direct cause and injury.

It is important for our clients to establish a direct relationship between the breach of duty and the harm which is referred to as proximate cause.

Cause of Injury

A medical malpractice claim can be filed by the person who was injured or a legal representative. Based on the specific circumstances, this could be the spouse of the patient, an adult child or parent, guardian ad litem or the administrator or executor of the estate of the deceased patient. In a case of medical malpractice law firms malpractice, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health professional.

Malpractice cases typically involve many expert witnesses. Medical experts must testify as to whether or not the health care provider adhered to the standards of treatment in their specific field. They must also testify as to the harm caused by the doctor’s actions or inactions.

Injury caused by negligence and malpractice can be severe. An incorrect diagnosis can lead to serious consequences, such as life-threatening conditions. Other types of injuries can be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice claim which include a duty to the patient by the physician; a breach of this obligation; an injury resulting by the breach; and the resulting damages. In some states, like New York, the law restricts the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is one of the most important elements of 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 difficult task due to several reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing illnesses that were present prior to treatment. Often, the statute of limitations for a medical malpractice claim extends over a variety of years, and the injuries can develop gradually.

In these instances, it is difficult to prove that a certain medical malpractice law firms professional's breach of standard of care led to the injury. However, the person who was harmed could be able to use the evidence gathered by the attorney, like medical records and expert testimony.

During the discovery process, which is a component of the legal procedure for getting ready for trial, your lawyer may request the disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is representing the case will be asked to appear in deposition. This is a testimonies that is made under an oath. Your lawyer is able to cross-examine doctor Medical Malpractice Law Firms and challenge their conclusions. The jury will then decide whether the plaintiff has proved the necessary elements of their case such as duty, breach, causation and injury.

Negligence

When a medical malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and that the violations caused injuries. The plaintiff's lawyer must demonstrate this by presenting evidence through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath, and recorded for trial, are also a part of this process.

A doctor has violated his or her professional duty when he or she did something that a reasonably prudent physician would not do under similar circumstances. It must be established that the breach caused the injury directly to the patient. This is known as causation or proximate causes. A patient might go to the hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical negligence since the removal did not benefit the patient.

Medical malpractice suits must be filed within a certain timeframe, also known as the statute of limitations. This varies from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, then they have to prove the amount of compensation they are entitled to.

Damages

If medical negligence has caused you to sustain an injury, you should be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then engage in discovery. It is a process which involves the disclosure of documents and statements presented under an oath. During discovery, medical records and notes from a doctor are usually requested.

In the majority of states, to be eligible for compensation for injuries incurred through malpractice, you need to establish four elements: a duty of care 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 attorney can establish all of these elements, then you've got an argument for financial recovery in a medical negligence claim.

In some cases the court might decide to award punitive damages that is intended to punish the wrongdoer and discourage others from committing similar acts. This isn't often however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they may award these extraordinary damages.