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, deviance from this duty, direct cause, and injury.

It is crucial for our clients to establish a direct connection between the breach of duty and the harm which is referred to as proximate cause.

The reason for injury

A claim for medical malpractice can be filed either by the victim or a legal representative. This could be the spouse, adult child parent, guardian, or administrator of a deceased patient's estate, depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health care professional.

Malpractice cases usually involve the testimony of experts. Medical experts must testify as to whether or not the health care provider adhered to the standards of care for their particular area of expertise. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

Injury caused by negligence and malpractice can be severe. An incorrect diagnosis can lead to serious consequences, such as life-threatening conditions. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the doctor and a breach of that obligation; a harm caused by the breach and resulting damages. In certain 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 is also called the causation. It is one of the most important elements in a medical negligence claim. To prove causation, the plaintiff must show that they suffered an injury on the basis of probabilities due to of the negligence of a physician. This can be a challenging job due to a variety of reasons.

Many of the injuries that form the basis for a Westfield Medical Malpractice Lawsuit negligence suit result from long-term or ongoing issues that existed before treatment began. Often the statute of limitations for a medical malpractice claim is extended over a period of years, and 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 is a challenge. The attorney could have gathered evidence, including federal way medical malpractice attorney records and expert testimony which the injured patient may use.

During the discovery process, which is a component of the legal procedure for preparation for trial, your lawyer will ask for the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor defending the lawsuit is then called to testify during depositions, which are the testimony under an oath. Your lawyer will be able to cross-examine doctor and contest their conclusions. The jury will decide whether the plaintiff has substantiated that the allegations of the case are true including breach of duty and causation.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and those breaches caused injury. The plaintiff's attorney must be able to prove this by utilizing evidence collected during discovery. This involves seeking documents, such as medical records as well as other documents from all parties in the lawsuit. Depositions, in which the statements are made under oath and recorded for trial, are also a part of this process.

A doctor has violated his or her professional obligation in the event that he or her did something that a reasonably prudent doctor would not do in similar circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is called causation or the proximate cause. For example, a patient goes to the hospital for a hernia operation and is then able to have his or the gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within the legal period, referred to as the statute of limitations. This differs from state-to-state. The patient who is injured must prove that the negligence caused injury, and then he or she must prove how much monetary compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve a summons and complaint to all defendants named in the lawsuit. The parties then proceed to discovery, in which documents and statements are disclosed under oath. During discovery, medical records and doctor's notes will typically be sought.

In most states, in order to receive compensation for injuries sustained through malpractice, you need to establish four elements including a duty of good faith that is due to the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages resulting from the injury. If your attorney can prove all of these elements of a medical negligence claim, you will have an impressive case.

In certain instances, the court may make punitive damages a possibility that is intended to punish the perpetrator and deter others from engaging in similar acts. It is not common, however, in medical malpractice cases. The courts must have very clear evidence of malice before they may give these extraordinary damages.