How to File a Medical Malpractice Case
A patient who finds an object that is foreign, for example, surgical clamps in her body after gall bladder surgery can file a lawsuit for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct causes, and injury.
Our clients must establish a direct link between the breach of duty, and the injury. This is referred to as the proximate cause.
The reason for injury
A claim for medical malpractice can be filed either by the person who suffered the injury or a legal representative. This can be the spouse, adult child, parent, guardian or administrator of the estate of a deceased patient depending on the specific circumstances. The plaintiff in a medical malpractice lawsuit is the health professional. It could be a licensed nurse, doctor or therapist.
Expert testimony is often required in cases of malpractice. Medical experts are required to be able to testify that the medical professional was acting in accordance with the standards of medical care within their specific field of expertise. They must also testify as to the harm resulting from the actions or inactions of the doctor.
The consequences of negligence and malpractice can be severe. For instance, a misdiagnosis of a health issue could result in life-threatening consequences. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.
In order to establish a malpractice claim the patient has to prove four legal elements: a duty that the doctor owed them; a breach in this duty; a resultant injury and damages. In certain states, like New York, the law puts a limit on amount of money that could be awarded for an injury resulting from a malpractice claim.
Causation
The injury element, also known as causation, is among the most important elements of a medical malpractice case. To establish causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This is a difficult task due to a variety reasons.
For example, many injuries that are the cause of a
medical malpractice attorneys negligence lawsuit are the result of long-term or ongoing conditions that were already in the process of being treated prior to. The statute of limitations on a medical malpractice case could be extended for a number of years and injuries can develop slowly.
In these instances it is often difficult to prove that a certain medical professional's failure to adhere to the standard of care led to the injury. The attorney could have collected evidence, like expert testimony and medical records which the injured patient can utilize.
In the discovery process, which is a part of the legal process for the preparation of a trial your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is representing the case will be asked to appear in a deposition. This is a statement that is given under an oath. Your lawyer is able to cross-examine doctor and challenge their conclusions. The jury will decide whether the plaintiff has proved all the elements of the case which include breach of duty, breach and causation.
Negligence
The plaintiff must convince jurors, when bringing a claim for medical malpractice to show that it is more than likely that the physician violated his or her duties as physician and that the mistakes led to injuries. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded for use in trial, are also part of this process.
A doctor was in breach of his or her professional obligations if he or she did something that a reasonable prudent doctor would not do in the same circumstances. It must be established that the breach caused injury directly to the patient. This is referred to as causation, or proximate causes. A patient might visit the hospital to have a hernia repaired, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.
Medical Malpractice Law Firm malpractice lawsuits must be brought within a legally regulated period of time, also known as the statute of limitations, which is different for each state. The person who has suffered injury must prove that the substandard care resulted in injury, and then he or she must prove how much monetary compensation he or she is entitled to.
Damages
You are entitled to compensation for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your losses.
The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties then begin discovery, a process in which documents and statements are made public under an oath. During discovery, medical records and notes from a doctor are typically requested.
In the majority of states, to get compensation for injuries caused through malpractice, you need to establish four elements that include a duty of care due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages caused by the injury. If your lawyer can prove all of these elements, you can make a a strong case for financial recovery in a claim for medical malpractice.
In certain cases the court can award punitive damage that is intended to punish a wrongdoer, and discourage others from committing similar conduct. However, this isn't the norm in medical malpractice cases as courts require precise proof of malice before they can make these extraordinary awards.