How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps in her body after gall bladder surgery can file a lawsuit for medical negligence. A successful claim has to prove the elements of medical malpractice: duty, deviation from the duty, and direct cause.

It is crucial for our clients to establish a direct connection between the breach of duty and the damage that is known as proximate causation.

Cause of Injury

A medical malpractice claim can be filed by the person who has been injured or by a person legally appointed to act on their behalf. Depending on the circumstances this may be the spouse of the patient or an adult child, parent, guardian ad litem or the administrator or executor of the estate of the patient who died. In a medical negligence case the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Malpractice cases usually require a lot of expert testimony. Medical experts are required to be able to testify that the doctor performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify as to the harm caused by the actions or inactions of the doctor.

Injuries resulting from malpractice and negligence can be quite severe. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other kinds of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

In order to prove a malpractice case, the patient must prove four legal elements: a duty that the doctor owed them; a breach of the breach; a resulting injury and damages. In some states such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element is also known as the causation. It is one of most crucial elements in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by the physician's negligence. This is a challenging task for several reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. The time period for filing north liberty medical malpractice attorney malpractice cases can be extended over a period of time and injuries can develop slowly.

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

In the discovery process as part of the legal procedure for preparing for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit will be called to testify during depositions, which are testimony that is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, when bringing a claim for saratoga springs medical malpractice attorney malpractice in court, that it is more than likely that the doctor acted in violation of the obligations of physician and that the breaches resulted in injury. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which includes requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor violated his or her professional duty in the event that he or her did something that a reasonably prudent doctor would not do under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or the proximate cause. For instance, a patient goes to the hospital for a hernia operation and then has his or the gall bladder removed instead. This is Dickson city medical malpractice lawsuit negligence because the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, also known as the statute of limitations, which varies by 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 they are entitled to.

Damages

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

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties are involved in discovery. It is a process in which documents and declarations are made public under an oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, you must establish four elements to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider; a breach of that obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your attorney can prove all of these elements in a medical malpractice claim, you'll have an enviable case.

In some cases, courts can give punitive damages, which are intended to penalize the perpetrator and discourage others from engaging in similar misconduct. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to give these extraordinary damages.