How to File a Medical Malpractice Case
A patient who discovers a foreign object like surgical clamps, is still inside her body following gall bladder surgery could pursue a medical malpractice suit. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.
It is important for our clients to establish a direct causal connection between the breach of duty and the harm which is referred to as proximate cause.
Causes of Injury
A medical malpractice case can be filed by the injured patient or a person who is legally authorized to act on their behalf. Based on the circumstances, this could be the spouse of the patient or an adult child, parent, a guardian ad litem or the executor or administrator of the estate of the deceased patient. The defendant in a medical malpractice suit is the health care provider. This could be a licensed nurse, doctor or therapist.
Expert testimony is usually required in malpractice cases. Medical experts must testify as to whether or whether the health professional followed the standard of care for their particular field. They must also testify as to the harm resulting from the doctor’s actions or inactions.
The consequences of negligence and malpractice can be severe. For instance, a misdiagnosis of a health condition can have life-threatening effects. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.
To establish a malpractice case the patient has to prove four legal elements: a duty the doctor owed to them; a breach of this duty; a resultant injury; and 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 known as causation is one of the most important elements in a medical malpractice lawsuit malpractice case. To establish causation, the plaintiff must demonstrate that their injury was caused by the physician’s negligence. This can be a difficult job due to a variety of reasons.
Many of the injuries that form the basis of medical negligence lawsuits result from long-term conditions or ongoing conditions which were present before treatment started. Often the statute of limitation for a claim involving medical malpractice is extended over a period of years, and injuries may develop slowly.
In these situations it is often difficult to prove that a particular medical professional’s violation of the standard of care led to the injury. The attorney may have collected evidence, including medical records and expert testimony, that the injured patient can use.
During the discovery process, which is a component of the legal procedure for getting ready for trial, your lawyer will ask for the disclosure of expert testimony and other documents from the defendants’ attorneys. The doctor who is representing the case will be asked to appear in a deposition. This is a statement that is given under the oath. Your lawyer can cross-examine the doctor and contest their findings. The jury will decide then if the plaintiff has proven the necessary elements of their case including the duty of care, breach, causation and injury.
Negligence
When a medical negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor breached his or her professional obligations and that those breached duties caused injuries. The plaintiff’s attorney has to demonstrate this through evidence obtained during discovery. This involves the request of documents, including medical records from all parties involved in a lawsuit. This process also includes sworn declarations that are recorded and used in trial.
A doctor has violated his or her professional obligation when he or she did something that a prudent doctor would not do under the same circumstances. It must be proved that the breach caused the injury directly to the patient. This is known as causation or proximate cause. Patients may visit the hospital to repair a hernia, but end up having their gall bladder removed. This is Medical malpractice law firm negligence since the procedure did not benefit the patient.
Medical malpractice suits must be filed within a specific legal timeframe, also known as the statute of limitations. This differs from state-to-state. The injured patient must establish that the negligent care caused injury and then prove the amount of financial compensation he or her deserves.
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 the complaint and summons to all named defendants in the lawsuit. The parties participate in discovery. This is a procedure where documents and statements are revealed under oath. Medical records and the doctor’s notes are typically requested during discovery.
In most states, to receive compensation for injuries caused by negligence, you must 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 attorney can demonstrate all of these aspects of a medical negligence claim, you’ll have an enviable case.
In some instances courts may give punitive damages, which are designed to punish the offender and deter others from engaging in similar conduct. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they can give these extraordinary damages.