How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, remains inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from this duty and the direct reason.

It is crucial for our clients to establish a direct link between the breach of duty and the injury, known as proximate causation.

Cause of Injury

A medical malpractice lawsuit can be filed by the injured patient or by a person legally appointed to act on their behalf. Depending on the circumstances it could be the spouse of the patient or an adult child parent, a guardian ad litem or the executor or administrator of the estate of the patient who died. In a cheverly medical malpractice attorney malpractice case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health professional.

Malpractice cases usually involve a lot of expert testimony. Medical experts must be able to prove whether or the medical professional was in compliance with the standard of care for their particular area of expertise. They must also testify about the injury caused by the physician's actions or inactions.

The consequences of negligence and malpractice can be severe. For instance, a misdiagnosis of a medical condition could have life-threatening effects. Other types of injuries include operating on the wrong body part or putting surgical instruments in the patient.

In order to prove a malpractice case, the patient must prove four legal elements: a duty the physician owed to them; a breach of this duty, resulting injury and damages. In certain states, like New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element is also called the causation. It is one of the most crucial aspects of a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a challenging job due to various reasons.

Many of the injuries that form the basis for a medical negligence suit result from chronic illnesses that existed before treatment started. The time limit for medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these cases it is necessary to prove that a medical professional's breached the standard of care which led to the injury is a challenge. However, the patient who is afflicted may be able to use the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is a component of the legal process for preparation for trial, your lawyer can seek disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor who is defending the lawsuit will be asked to give evidence during depositions, which are the testimony under an oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will then decide if the plaintiff has established the essential elements of their case including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice to show that it is likely that the physician violated his or her duties as medical professional and that these actions led to injury. The plaintiff's lawyer must show this through evidence gathered through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has violated his or her professional obligation in the event that he or her did something that a prudent physician would not do under the same circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is known as causation or proximate causes. For example an individual goes to the hospital for a hernia operation and is then able to have his or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, referred to as the statute of limitations, that varies from state to state. The person who has suffered injury must prove that the substandard care caused injury, and then prove how much monetary compensation he or she is entitled to.

Damages

If medical negligence has led you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your loss.

The first step in a lawsuit is to file and medical malpractice serve a complaint along with summons and other papers on all defendants. The parties engage in discovery. It is a process where documents and evidence are disclosed under oath. During discovery medical records and highclassps.com doctor's notes are typically requested.

In most states, you have to prove four things in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal link between the breach and the injury suffered by the patient; and damages that flow from the injury. If your attorney can establish all of these elements, you can make a an argument for financial recovery in a claim for medical malpractice.

In some instances the court can make punitive damages available, which are intended to punish the culprit and deter others from committing the same offense. This is rare however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they may give these extraordinary damages.