How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps within her body after gall bladder surgery could file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical negligence: duty, deviation from this duty and direct cause.

It is vital for our clients to establish a direct link between the breach of duty and the injury which is referred to as proximate cause.

Causes of Injury

A medical malpractice claim may be filed either by the person who suffered the injury or a legal representative. This could be a spouse or adult child guardian, parent or administrator of the estate of a deceased person depending on the specific circumstances. In a medical malpractice case the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

Malpractice cases usually require many expert witnesses. Medical experts must be able to prove whether or the medical professional followed the standard of care in their specific field. They must also testify to the harm resulting from the actions or inactions of a doctor.

Injuries caused by negligence and mistakes can be devastating. For instance, a wrong diagnosis of a medical condition could cause life-threatening complications. Other kinds of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

In order to prove a malpractice case the patient must prove four legal elements: a duty the physician owed to them; a breach in 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 in a case of malpractice.

Causation

The injury element, also referred to as causation is one of the most important aspects of a moreno valley medical malpractice lawyer malpractice case. To prove causation, the plaintiff must demonstrate that they sustained their injury on the balance of probabilities due to of the negligence of a physician. This is a difficult job due to a variety of reasons.

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing conditions that were already present before treatment began. Often the statute of limitation for a medical malpractice claim extends over a variety of years, and injuries may develop slowly.

In these situations it is often difficult to prove that a specific medical professional's failure to adhere to the standard of care led to the injury. The attorney could have gathered evidence, such as expert testimony and Jefferson Hills Medical Malpractice Lawsuit records, that the injured patient can use.

In the discovery process, which is a part of the legal procedure for prepping for a trial your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is representing the case will be required to appear in deposition. This is a testimony that is given under the oath. Your lawyer may cross-examine the doctor and contest the doctor's findings. The jury will decide whether the plaintiff has substantiated the elements of the case including breach of duty 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 breaches resulted in injury. The plaintiff's lawyer has to demonstrate this with evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. This also includes swearing statements that are recorded and used in trial.

A doctor has violated the professional duties of a doctor if he or she did something that a reasonable prudent doctor would not do under similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proximate cause. Patients may go to the hospital in order to repair a hernia, but end up having their gall bladder removed. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice suits must be filed within a legal time frame, also known as the statute of limitations. This differs from state to state. The person who suffered the injury must prove that the substandard treatment resulted in injury, and after that they must establish what compensation they deserve.

Damages

If medical negligence caused you to suffer an injury, you are entitled to be made whole. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then begin discovery, in which documents and statements are made public under the oath. newcastle medical malpractice law firm records and the notes of a doctor are typically requested during discovery.

In the majority of states, you need to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of that obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, you will have an excellent case for financial compensation in a medical negligence claim.

In some cases the court might award punitive damage, which is meant to punish a wrongdoer, and discourage others from committing similar acts. However, this is rare in medical malpractice cases, as the courts require extremely specific proof of malice to award these awe-inspiring awards.