How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps inside her body after gall bladder surgery can bring a lawsuit against a doctor for medical negligence. A successful claim must establish the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

Our clients must establish a direct connection between the breach of duty and the injury. This is referred to as the proximate reason.

The reason for injury

A medical negligence case may be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. Depending on the circumstances this could be a 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 of medical malpractice the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Malpractice cases usually involve the testimony of experts. riverview medical malpractice lawsuit experts must testify as to whether the healthcare provider did what was required of treatment in their specific field of expertise. They also have to testify to the harm that was caused by the actions or inactions of a doctor.

Accidents caused by negligence or mistakes can be devastating. An incorrect diagnosis can lead to serious consequences, such as the possibility of a life-threatening illness. Other types of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case that include a duty owed to the patient by the doctor or a breach of the obligation; an injury resulting by the breach and resulting damages. In certain states, such as New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The element of injury is called the causation. It is one of the most crucial elements in a medical malpractice claim. To establish causation, the plaintiff must show that they suffered an injury based on a balance of probabilities as a result of the negligence of the doctor. This is a challenging task for several reasons.

For instance, many of the injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing illnesses that were in the process of being treated prior to. Often the statute of limitation for a medical negligence claim extends over a variety of years, and injuries can develop gradually.

In these cases it can be difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. The attorney could have gathered evidence, such as expert testimony and medical records that the patient who was injured may use.

During the discovery process which is an element of the legal procedure for preparation for a trial, your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will be asked to give evidence during deposition, which is testimony that is under an oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will decide then if the plaintiff has established the essential elements of their case including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice that it is likely that the doctor violated his or her duties as a doctor and that these breaches resulted in injury. The lawyer for the plaintiff must prove this using evidence gathered through pretrial discovery, which involves the disclosure of documents, including calabasas medical malpractice law firm records from all parties who are involved in the lawsuit. The process also involves sworn statements that are recorded and used in trial.

A doctor has violated their professional duty by doing something that a reasonable and prudent doctor would not have done under the same circumstances. It must be proved that the breach resulted in injury directly to the patient. This is referred to as causation or proximate cause. For example an individual goes to the hospital for a procedure to treat a hernia and ends up having his or his gall bladder removed instead. 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 limit, known as the statute of limitations. This varies from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, and they have to prove the amount of compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your losses.

The first step is to file and serve the complaint and summons to all defendants named in the lawsuit. The parties then proceed to discovery, a procedure in which documents and statements are made public under oath. Medical records and the notes of a doctor are typically requested during discovery.

In many states, to receive compensation for injuries caused by negligence, you must to prove four things such as 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 that result from the injury. If your attorney can prove all these elements in a medical malpractice claim, you'll have an enviable case.

In some instances courts may make punitive damages available, which are intended to punish the culprit and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases, because the courts require clear evidence of malice to give these extraordinary awards.