How to File a Medical Malpractice Case
A patient who discovers that an object that is foreign, such as surgical clamps, remains inside her body after gall bladder surgery can file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation 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 damage which is referred to as proximate cause.
Cause of Injury
A medical malpractice claim can be filed by the person who was injured or a legal representative. Based on the specific circumstances, this could be the spouse of the patient, an adult child or parent, guardian ad-litem or administrator or executor of the estate of the deceased patient. In a case involving medical malpractice, the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other health care professional.
Malpractice cases typically involve many expert witnesses. medical malpractice law firms experts are required to testify on whether or whether the healthcare provider adhered to the standards of care for their particular field. They also have to testify to the harm caused by the doctor’s actions or inactions.
The consequences of negligence and malpractice can be severe. For instance, a wrong diagnosis of a medical condition could have life-threatening effects. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.
In order to prove a malpractice case the patient has to prove four legal elements: a duty the physician owed to them; a breach of this duty, resulting 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 of a medical malpractice case. To establish causation, the plaintiff must prove that the injury was caused by the physician’s negligence. This can be a challenging job due to a variety of reasons.
For instance, many injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already in the process of being treated prior to. Often, the statute of limitations for a medical negligence claim is extended over a period of years, and the injuries can develop gradually.
In these instances, it is difficult to prove that a specific medical professional’s breach of standard of care caused the injury. The attorney may have collected evidence, like medical records and expert testimony, that the injured patient may use.
In the discovery process as part of the legal process for prepping for a trial your lawyer can request the defendants’ lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to give deposition. This is a statement that is given under the oath. Your lawyer can challenge doctor’s findings and cross-examine them. The jury will then decide whether the plaintiff has proved the necessary elements of their case including breach of duty, causation, breach of duty and injury.
Negligence
The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice, that it is more likely that the doctor did not fulfill his or her duties as medical professional and that these actions led to injury. The plaintiff’s lawyer has to show this through evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, in which statements are made under oath, and recorded to be used at trial, are also a part of this process.
A doctor violated his or her professional obligations when he or she did something that a prudent physician would not do under similar circumstances. It must be proved that the breach caused the injury directly to the patient. This is referred to as causation or causal proximate causes. For instance when a patient is taken to the hospital for a hernia operation and is later told that he or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.
Medical malpractice lawsuits must be brought within a legally-defined time frame, known as the statute of limitations, which varies according to the state. The victim must demonstrate that the treatment was substandard and resulted in injury, and after that they have to prove the amount of compensation they’re entitled to.
Damages
If medical negligence has led you to sustain an injury, you deserve to be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve 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. This is a procedure which involves the disclosure of documents and statements disclosed under oath. Medical records and the notes of a doctor are typically requested during discovery.
In the majority of states, to be eligible for compensation for injuries incurred through malpractice, you need to prove four things that include a duty of care owed by 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 of these elements in a medical negligence claim, you will have an impressive case.
In some cases the court could make punitive damages a possibility, which is meant to punish the perpetrator and deter others from engaging in similar misconduct. It is not common however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they may make these extraordinary awards.
