How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps in her body following gall bladder surgery could file a lawsuit for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

It is important for our clients to establish a direct causal connection between the breach of duty and the harm called proximate causation.

The reason for injury

A creston medical malpractice Attorney malpractice lawsuit can be filed by the injured person or a legal representative. Depending on the circumstances, it could be the spouse of the patient or an adult child, parent, a guardian ad Litem or the administrator or executor of the estate of the deceased patient. The plaintiff in a suit for medical negligence is the health professional. This could be a licensed nurse, doctor or therapist.

Malpractice cases usually require an abundance of expert testimony. Medical experts are required to provide evidence to prove that the health care provider was acting in accordance with the standards of treatment in their particular field of expertise. They also need to testify on the injury caused by the physician's actions or inactions.

Injuries caused by negligence and negligence can be very serious. A misdiagnosis can have serious consequences, like the possibility of a life-threatening illness. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit which include a duty to the patient by the doctor and a breach of this obligation; a harm caused by the breach; and the resulting damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded in an action for malpractice.

Causation

The injury element, also known as causation, is one of the most important elements in a medical malpractice case. To establish causation, the plaintiff must demonstrate that they suffered their injury on the basis of probabilities as a result of the physician's negligence. This is a difficult task for a number of reasons.

For example, many injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing illnesses that were present prior to treatment. The time period for filing medical malpractice cases can be extended for a number of years and the development of injuries can happen slowly.

In these instances it is often difficult to prove that a specific medical professional's failure to adhere to the standard of care caused the injury. The attorney could have collected evidence, including expert testimony and medical records which the injured patient may use.

During the discovery process, which is a component of the legal process for getting ready for trial, your lawyer may ask for the disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor who is defending the lawsuit is then called to testify during deposition, which is testimony under an oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven all the elements of the case which include breach of duty, creston medical malpractice attorney breach and causation.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and those breaches caused harm. The plaintiff's lawyer must prove this by using evidence gathered during pretrial discovery. This involves soliciting documents, including chula vista medical malpractice lawsuit records as well as other documents from all parties in a lawsuit. This also includes sworn declarations that are recorded and used at trial.

A doctor has violated their professional obligation when they did something that a reasonable prudent physician would not have done under the same circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or proximate cause. A patient could go to the hospital in order to have a hernia repaired, but end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal time limit, known as the statute of limitations. This is different from state to state. The injured patient must establish that the care provided was substandard and resulted in injury, and then show how much compensation they are entitled to.

Damages

If a medical error has caused you to sustain an injury, you should be made whole. At Scaffidi & Associates, we can help you receive full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then participate in discovery, in which documents and declarations are made public under the oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, in order to receive compensation for injuries sustained by malpractice, you need to prove four things that include a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can prove all these elements in a medical negligence claim, you'll have an enviable case.

In some instances, the court may decide to award punitive damages that is intended to punish the perpetrator and discourage others from committing similar crimes. But, this isn't often the case in medical malpractice cases, as courts require specific proof of malice to award these awe-inspiring awards.