How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps inside her body after gall bladder surgery may sue for medical malpractice. A successful claim must establish the legal elements of medical malpractice attorney negligence: duty, deviation from this obligation, direct cause and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is known as proximate cause.

Cause of Injury

A medical malpractice claim can be filed by the person who suffered the injury or a legal representative. This can be the spouse or adult child parent, guardian, or administrator of a deceased patient's estate depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts must provide evidence to prove that the doctor performed his duties in accordance with the standard of care in their particular field of expertise. They also have to testify about injuries caused by physician's actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. A misdiagnosis can have serious consequences, such as a life-threatening condition. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice case the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach in this duty; a subsequent injury and damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The element of injury is called the causation. It is one of the most crucial elements in 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 difficult task due to a variety of reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing conditions that were already present before treatment began. The time limit for medical malpractice cases can be extended over a period of time, and injuries can develop slowly.

In these situations it is often difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. The attorney could have gathered evidence, lawyers including medical records and expert testimony that the injured person can utilize.

During the discovery process, which is a part of the legal procedure for preparing for trial, your lawyer can ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the case will be required to take a deposition. This is a testimonies that is made under oath. Your lawyer may cross-examine the doctor and contest their findings. The jury will decide whether the plaintiff has proved all the elements of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice, that it is more than likely that the doctor did not fulfill his or her responsibilities as medical professional and that these actions led to injury. The plaintiff's attorney must demonstrate this through evidence collected during discovery. This includes soliciting documents, including medical records and other records from all parties in the lawsuit. Depositions, wherein statements are made under oath, and recorded for trial, are also part of this process.

A doctor has breached their professional obligation if they did something an ordinary prudent doctor would not have done in similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. A patient might go to the hospital in order to repair a hernia, lawyers however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally regulated time frame, known as the statute of limitations, which is different for each state. The injured patient must establish that the negligent care resulted in injury, and then demonstrate the amount of compensation he or her deserves.

Damages

If medical negligence caused you to suffer an injury, you have the right to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties participate in discovery. This is a procedure where documents and evidence are disclosed under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, you must demonstrate four elements in order to be compensated for injuries caused by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal link between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can establish all of these elements, you will have an argument for financial compensation in a medical malpractice claim.

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