How to File a Medical Malpractice Case

A patient who finds that an object foreign to her like surgical clamps, remains inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice case can be filed by the injured person or a person legally designated to represent them. This can be the spouse or adult child guardian, parent or administrator of the estate of a deceased person, based on the circumstances. In a medical malpractice case, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify on whether or not the health care provider was in compliance with the standard of care in their specific field. They must also testify regarding the harm caused by the doctor's actions or inactions.

The consequences of negligence and mistakes can be catastrophic. A mistake in diagnosis can have devastating consequences, such as the possibility of a life-threatening illness. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

To establish a malpractice case the patient has to prove four legal elements: a duty that the doctor owed to them; a breach of this duty, resulting injury; and damages. In some states, like New York, the law puts a limit on amount of money that could be awarded in an injury resulting from a malpractice claim.

Causation

The injury element is called the causation. It is one of most crucial elements in a medical malpractice claim. To prove causation the plaintiff must demonstrate that they suffered an injury on a balance of probabilities as a result of the negligence of a physician. This is a challenging task due to a variety of reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were already present prior to treatment. The statute of limitations on a wheaton medical malpractice law firm malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these instances it is difficult to prove that a medical professional's breached the standard of care and led to the injury is a challenge. The attorney may have gathered evidence, like medical records and expert testimony that the injured person can utilize.

In the discovery process, which is a part of the legal process prepping for a trial your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit will be asked to give evidence during deposition, which is testimony under oath. Your lawyer can cross-examine the doctor and contest their conclusions. The jury will then decide whether the plaintiff has established the essential elements of their case, including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice in court, that it is likely that the doctor violated his or her duties as physician and that the breaches resulted in injury. The attorney representing the plaintiff must prove this by using evidence collected during discovery. This includes requesting documents, including medical records as well as other documents from all parties in the lawsuit. This process also involves sworn declarations that are recorded and used at trial.

A doctor has violated the professional duties of a doctor in the event that he or her did something that a reasonable prudent physician would not do in 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 instance, a patient goes to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally defined time frame, medical Malpractice known as the statute of limitations, which varies by state. The victim must prove that the negligence resulted in injury, and then he or she must prove the amount of financial compensation he or her deserves.

Damages

You deserve to be compensated for any injuries you have suffered due to watchung medical malpractice law firm negligence. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your loss.

The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then proceed to discovery, a process by which documents and statements are revealed under an oath. During discovery medical records and notes from a doctor will usually be requested.

In the majority of states, you need to prove four things to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider and 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 lawyer can prove all of these elements, you will have a strong case for financial recovery in a medical malpractice case.

In certain instances, a court may give punitive damages, which are designed to punish the wrongdoer and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases as the courts require extremely specific proof of malice to make these extraordinary awards.