How to File a Medical Malpractice Case
A patient who discovers that an object that is foreign, such as surgical clamps, is still inside her body after gall bladder surgery can file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical malpractice attorneys negligence: duty, deviance from this duty, direct cause, and injury.
It is essential for our clients to establish a direct link between the breach of duty and the harm which is referred to as proximate cause.
Cause of Injury
A medical negligence case may be filed by the person who has been injured or by a person legally appointed 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. In a medical negligence case the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.
Expert testimony is usually required in malpractice cases. Medical experts are required to be able to testify that the healthcare provider was acting in accordance with the standards of treatment in their particular field of expertise. They also need to testify on the harm caused by the doctor’s actions or inactions.
Injuries resulting from malpractice and negligence can be very severe. An incorrect diagnosis can lead to serious consequences, including the possibility of a life-threatening illness. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.
To prove a malpractice claim the patient has to prove four legal elements: a duty that the doctor owed them; a breach of this duty; a subsequent injury; and damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice case.
Causation
The injury element is known as the causation. It is among the most crucial elements in a medical malpractice claim. To establish causation, the plaintiff must prove that the injury was caused by a physician’s negligence. This is a difficult task due to a variety reasons.
For instance, many injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing conditions that were present prior to treatment. Often the statute of limitation for a medical malpractice lawsuit extends over a variety of years, and injuries can develop gradually.
In these instances, proving that a medical professional’s breached the standard of care and led to the injury can be difficult. However, the aggrieved patient might be able use the evidence collected by the attorney, including medical records and expert testimony.
During the discovery process, which is a part of the legal process for preparation for a trial, your lawyer can request 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 that’s given under the oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will then decide whether the plaintiff has proven the essential elements of their case including obligation, breach, causation and injury.
Negligence
The plaintiff must convince the jury when filing a claim for medical malpractice in court, that it is likely that the physician violated his or her obligations as medical professional and that these mistakes led to injuries. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath and recorded for use at trial, are also part of this procedure.
A doctor has violated their professional duty when they did something that an ordinary prudent doctor would not have done in the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is referred to as causation, or causal proximate causes. A patient might go to the hospital to repair a hernia, and instead, have their gall bladder removed. This is medical negligence because the removal was not beneficial for the patient.
Medical malpractice lawsuits must be brought within a legally prescribed time frame, known as the statute of limitations, which varies by state. The patient who is injured must prove that the care provided was substandard and resulted in injury, and then prove how much monetary compensation he or her deserves.
Damages
You are entitled to compensation for any injuries you have suffered as a result of medical malpractice attorneys negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.
The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties participate in discovery. It is a process where documents and evidence are presented under the oath. During discovery, medical records and doctor’s notes will typically be sought.
In many states, to receive compensation for injuries sustained by malpractice, you need to establish four elements including a duty of good faith owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your attorney can establish all of these elements, you can make a a strong case for financial recovery in a claim for medical malpractice.
In certain cases courts may award punitive damages, which are intended to punish the perpetrator and discourage others from engaging in the same conduct. However, this is not the norm in medical malpractice cases as the courts require extremely specific proof of malice to give these extraordinary awards.