How to File a Medical Malpractice Case

If a patient discovers that a foreign object, such as surgical clamps, remains in her body after gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice claim can be filed by the person who was injured or an attorney. This could be the spouse or adult child or parent, guardian or administrator of an estate belonging to a deceased patient depending on the circumstances. In a case of medical malpractice, the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to testify on whether or whether the healthcare provider was in compliance with the standard of care for their particular field. They must also testify about the injury caused by the physician's actions or actions or.

Injuries that result from malpractice or negligence can be very serious. For example, a misdiagnosis of a health issue could result in life-threatening consequences. Other types of injuries can include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements of a malpractice claim that include a duty owed to the patient by the doctor attorneys and a breach of this duty; an injury caused by the breach and the resulting damages. In certain states like New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is one of the most important elements in medical malpractice cases. To prove causation, a plaintiff must prove that they suffered an injury based on a balance of probabilities due to of the negligence of a physician. This is a challenging task for several reasons.

Many injuries that are the basis of a medical negligence lawsuit stem from chronic illnesses that existed before treatment began. The statute of limitations on a medical malpractice lawsuit can be extended for a number of years and the development of injuries can happen slowly.

In these instances the proof that a medical professional's violation of the standard of care that led to the injury is difficult. However, the aggrieved patient could be able to use evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer will seek disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the case will be required to testify in deposition. This is a testimonies that is made under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven all the elements of the case including breach of duty, breach of contract and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff has to convince the jury that it was more likely than not that the physician violated professional duties and that the breaches resulted in injury. The plaintiff's lawyer must demonstrate this using evidence collected during discovery. This involves requesting documents, including medical records, from all parties involved in a lawsuit. Depositions, where statements are made under oath, and recorded to be used at trial, are also part of this process.

A doctor breached his or her professional obligation when he/she did something that a reasonable prudent physician would not do in the same circumstances. It must be established that the breach resulted in injury directly to the patient. This is known as causation or proxy causes. For instance, a patient goes to the hospital for a hernia surgery and is later told that he or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

medical malpractice law firm malpractice suits must be filed within a specific legal period, referred to as the statute of limitations. This differs from state to state. The injured patient has to demonstrate that the treatment was substandard and caused injury, and then they have to prove the amount of compensation they're entitled to.

Damages

You deserve to be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties participate in discovery. This is a procedure in which documents and declarations are revealed under an oath. During discovery, medical records and notes from a doctor will usually be requested.

In the majority of states, you must prove four things in order to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal link between the breach and the injury suffered by the patient and the damages that result from the injury. If your attorney can prove all of these elements in a medical malpractice claim, you'll have a strong case.

In certain instances, a court may give punitive damages, attorneys which are designed to punish the offender and deter others from engaging in the same conduct. This is rare, however, in medical malpractice attorney malpractice cases. The courts must have very clear evidence of malice before they can award these extraordinary damages.