How to File a Medical Malpractice Case
A patient who finds that a foreign object like surgical clamps, is still inside her body following gall bladder surgery could file a medical malpractice law firm malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.
It is vital for our clients to establish a direct link between the breach of duty and the harm that is known as proximate causation.
Causes of Injury
A medical malpractice claim can be filed by the person who has been injured or a legal person to represent them. Based on the specific circumstances, this could be the spouse of the patient, an adult child or parent, guardian ad Litem or the executor or administrator of the estate of the deceased patient. The defendant in a medical malpractice lawsuit is the health professional. This could be a licensed nurse, doctor or therapist.
Malpractice cases usually require many expert witnesses. Medical experts must testify as to whether or not the health care provider followed the standard of care for their specific area. They must also testify regarding the injury that was caused by the physician's actions or actions or.
Injuries that result from malpractice or negligence can be very severe. For example, a misdiagnosis of a health issue could have life-threatening effects. Other types of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.
The patient must establish four legal elements in a malpractice claim the duty owed to the patient by the physician and a breach of this duty; an injury caused by the breach and the consequential damages. In some states, like New York, the law puts a limit on amount that can be awarded for an action for malpractice.
Causation
The injury element, also referred to as causation, is one the most important aspects of a medical malpractice case. To establish causation, the plaintiff must demonstrate that they suffered an injury on the basis of probabilities due to of the negligence of a physician. This is a difficult task due to a variety reasons.
Many of the injuries that form the basis of a medical negligence lawsuit result from long-term conditions or ongoing illnesses that existed before treatment began. Often the statute of limitations for a claim involving medical malpractice is extended over a period of years, and the injuries can develop gradually.
In these cases it is difficult to prove that a medical professional's breach of the standard of care led to the injury can be difficult. However, the patient who was hurt could be able to use evidence gathered by the attorney, including medical records and expert testimony.
During the discovery process, which is an integral part of the legal procedure for preparation for trial, your lawyer may request the disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor who is representing the case will be required to take a deposition. This is a testimony that's given under oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will decide if the plaintiff has proven that the allegations of the case are true including breach of duty and causation.
Negligence
When a medical malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor breached his or her professional obligations and that those violations caused harm. The plaintiff's lawyer has to demonstrate this with evidence gathered through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This also includes swearing statements that are recorded and used at trial.
A doctor breached his or her professional obligation in the event that he or her did something that a reasonable prudent physician would not do under similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. A patient may visit a hospital to repair a hernia, but instead end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.
Medical malpractice suits must be filed within the legal time frame, also known as the statute of limitations. This is different from state to state. The person who suffered the injury must show that the inadequate treatment resulted in injury, and after that they must prove what monetary compensation they deserve.
Damages
You deserve to be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.
The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then participate in discovery, a procedure in which documents and statements are revealed under oath. Medical records and notes of the doctor are usually requested during discovery.
In most states, in order to receive compensation for injuries sustained through malpractice, you need to establish four elements: a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages resultant from the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you'll have an impressive case.
In some instances, a court may award punitive damages, which are intended to punish the culprit and deter others from engaging in the same conduct. This is rare however, in medical malpractice cases. The courts must have clear evidence of malice before they can make these extraordinary awards.