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How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, remains inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from the duty, and direct cause.

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

The reason for injury

A medical negligence case may be filed by the injured patient or a person legally designated to act on their behalf. Based on the specific circumstances, this could be a spouse of the patient or an adult child 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 nurse, doctor or therapist, or any other health care professional.

Malpractice cases typically involve an abundance of expert testimony. Medical experts are required to provide evidence to prove that the doctor did what was required of care in their special area of expertise. They must also testify as to the harm that was caused by the doctor’s actions or inactions.

Injury caused by negligence and mistakes can be devastating. For instance, a wrong diagnosis of a health problem could cause life-threatening complications. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the doctor or a breach of the duty; injury caused by the breach; and resulting damages. In certain states, like 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 crucial elements in medical malpractice cases. To prove causation, a plaintiff must demonstrate that they sustained the injury based on a balance of probabilities as a result of the negligence of the doctor. This can be a difficult task for several reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit result from long-term or ongoing issues that existed before treatment started. The time limit for a medical malpractice case can be extended for a number of years, and injuries can develop slowly.

In these instances, it is difficult to prove that one particular medical professional's breach of standards of care caused the injury. The attorney could have collected evidence, such as medical records and expert testimony, that the injured patient can use.

During the discovery process, which is part of the legal procedure for prepping for trial, your lawyer may request the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the lawsuit will be required to testify in deposition, which is testimony given under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proved the essential elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice to show that it is more likely that the doctor violated his or her obligations as physician and that the violations caused injury. The attorney representing the plaintiff must be able to prove this by utilizing evidence gathered during pretrial discovery. This includes soliciting documents, including medical records and other records from all parties in the lawsuit. This process also involves the recording of sworn statements and used at trial.

A doctor has violated their professional obligation by doing something that a reasonable and prudent doctor would not have done in similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation or proximate cause. A patient might visit the hospital to have a hernia repaired, and instead, have their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a certain timeframe, also known as the statute of limitations. This differs from state to state. The victim must prove that the care provided was substandard and caused injury and then he or she must demonstrate the amount of compensation he or her deserves.

Damages

You are entitled to compensation for any injuries you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving a complaint and summons on all defendants named in the lawsuit. The parties participate in discovery. This is a procedure which involves the disclosure of documents and statements disclosed under the oath. medical malpractice attorneys records and the doctor's notes are typically requested during discovery.

In most states, you need to prove four things 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 the damages that result from the injury. If your lawyer can prove all of these elements in a medical malpractice claim, you'll have an enviable case.

In some instances the court could give punitive damages, which is meant to punish the wrongdoer and deter others from engaging in similar crimes. This isn't often, however, in medical malpractice cases. The courts must have very clear evidence of malice before they can decide to award these extraordinary damages.