How to File a Medical Malpractice Case

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

It is crucial for our clients to establish a direct relationship between the breach of duty and the resulting injury called proximate causation.

Cause of Injury

A medical malpractice claim can be filed by the person who has been injured or a person legally designated to act on their behalf. Based on the specific circumstances, this could be the spouse of the patient or an adult child parent, a guardian ad-litem or administrator or executor of the estate of the patient who died. In a case of medical malpractice, the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Malpractice cases usually require an abundance of expert testimony. Medical experts are required to testify whether or the medical professional was in compliance with the standard of care for their specific area. They also need to testify on the harm caused by the physician's actions or inactions.

The injuries that result from malpractice and negligence can be extremely serious. A misdiagnosis could have grave consequences, including the possibility of a life-threatening illness. Other types of injuries can be caused by operating on an incorrect body part or Medical Malpractice leaving surgical instruments inside the patient.

The patient must establish four legal elements in a malpractice claim that include a duty owed to the patient by the doctor and a breach of this duty; injury caused by the breach; and resulting damages. In some states, like New York, the law sets a limit on 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 crucial elements in a medical malpractice case. To establish causation, the plaintiff must show that they sustained their injury on the basis of probabilities because of the physician's negligence. This can be a challenging task due to a variety of reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already present prior to treatment. Often the statute of limitation for a medical malpractice claim extends over a variety of years, and injuries may develop slowly.

In these cases, it is difficult to prove that a specific medical professional's breach of the standard of care led to the injury. However, the aggrieved patient could be able to use the evidence collected by the attorney, such as medical records and expert testimony.

During the discovery process that is part of the legal process preparation for a trial, your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will be asked to give evidence during depositions, which are testimony that is under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and that those breaches resulted in injury. The plaintiff's lawyer must show this through evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This process also includes swearing statements that are recorded and used at trial.

A doctor has violated their professional obligation if they did something a reasonable prudent physician would not have done in similar circumstances. It must be established that the breach caused injury directly to the patient. This is known as causation or proximate cause. For instance when a patient is taken to the hospital for a hernia surgery and then has his or the gall bladder removed instead. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice suits must be filed within a legal period, referred to as the statute of limitations. This is different from state to state. The person who has suffered injury must prove that the negligent care caused injury and then he or she must show how much compensation he or she is entitled to.

Damages

You are entitled to compensation for any injuries you have suffered as a result of medical malpractice lawsuits negligence. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties are involved in discovery. This is a procedure which involves the disclosure of documents and statements made public under oath. During discovery medical records and doctor's notes will usually be requested.

In the majority of states, you have to prove four things in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal connection 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 a strong case for financial recovery in a medical malpractice case.

In some instances the court might give punitive damages that is intended to punish the perpetrator and deter others from engaging in similar conduct. However, this is rare in medical malpractice cases, since courts require clear evidence of malice to give these extraordinary awards.