How to File a Medical Malpractice Case

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

It is essential for our clients to establish a direct relationship between the breach of duty and the resulting injury that is known as proximate causation.

Cause of Injury

A media medical malpractice lawsuit malpractice claim may be filed by the victim or an attorney. It could be the spouse, adult child, parent, guardian or administrator of the estate of a deceased person, depending on the circumstances. The plaintiff in a medical malpractice suit is the health care provider. It could be an accredited nurse, doctor or therapist.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to provide evidence to prove that the health care provider performed his duties in accordance with the standard of treatment in their special area of expertise. They must also testify to the harm caused by the actions or inactions of a doctor.

The consequences of negligence and mistakes can be catastrophic. For instance, a wrong diagnosis of a health condition can cause life-threatening complications. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim: a duty owed to the patient by the doctor or a breach of the duty; an injury caused by the breach and resulting damages. In certain states, such as New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one the most important elements of medical malpractice cases. To establish causation the plaintiff must prove that their injury was the result of the doctor's negligence. This can be a challenging task for several reasons.

A lot of the injuries that form the basis of a medical negligence suit result from long-term or ongoing issues that existed before treatment began. The time limit for a medical malpractice lawsuit can be extended over the course of several years and injuries can develop slowly.

In these instances, proving that a medical professional's failure to adhere to the standard of care which led to the injury is a challenge. The attorney could have collected evidence, including fort mitchell medical malpractice attorney records and expert testimony that the patient who was injured could use.

During the process of discovery as part of the legal process for preparing for a trial, your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be asked to testify in a deposition. This is a statement which is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the necessary elements of their case such as duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice that it is more than likely that the doctor acted in violation of his or her obligations as a doctor and that these mistakes led to injuries. The plaintiff's attorney has to demonstrate this through evidence collected during discovery. This includes soliciting documents, including medical records from all parties involved in a lawsuit. This process also involves sworn declarations that are recorded and used in trial.

A doctor has breached their professional duty in the event that they did something a reasonable and prudent doctor would not have done under the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is known as causation or proximate cause. For example an individual goes to the hospital for a hernia procedure and then has his or her 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 defined time frame, known as the statute of limitations which varies according to the state. The victim must prove that the care provided was substandard and caused injury, and then show how much compensation they are entitled to.

Damages

You deserve to be compensated for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is filing and serving a summons and complaint to all named defendants in the lawsuit. The parties engage in discovery. This is where documents and evidence are made public under oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, to get compensation for injuries caused through malpractice, you need to prove four things such as a duty of care due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you will have an enviable case.

In certain cases the court can decide to award punitive damages which is intended to punish the perpetrator and discourage others from committing similar conduct. However, this is rare in medical malpractice cases, as the courts require extremely specific proof of malice to give these extraordinary awards.