10 Great Books On Medical Malpractice Settlement

How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps in her body after gall bladder surgery may sue for medical negligence. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from this duty and direct cause.

It is important for our clients to establish a direct causal connection between the breach of duty and the resulting injury called proximate causation.

Cause of Injury

A medical malpractice claim can be filed either by the person who suffered the injury or an attorney. Depending on the circumstances, this may be the spouse of the patient or an adult child parent, guardian ad-litem or administrator or executor of the estate of the patient who died. In a medical malpractice case, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health professional.

Malpractice cases typically involve an abundance of expert testimony. Medical experts must be able to testify that the health care provider performed his duties in accordance with the standard of care in his or her specific field of expertise. They must also testify about the injury that was caused by the physician's actions or inactions.

Injuries that result from malpractice or negligence can be very severe. For instance, a wrong diagnosis of a health issue could have life-threatening effects. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice claim that include a duty owed to the patient by the physician or a breach of the duty; an injury caused by the breach and the consequential damages. In some states, like New York, the law places a limit on the amount that can be awarded in a malpractice claim.

Causation

The injury element, also known as causation, is one the most important aspects of medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a challenging task for a number of reasons.

A lot of the injuries that form the basis of a medical negligence suit result from chronic illnesses that existed before treatment began. The time limit for a medical malpractice lawsuit can be extended over several years and injuries may develop slowly.

In these cases it is difficult to prove that a medical malpractice lawyers professional's breach of the standard of care and led to the injury is not easy. However, the patient who was hurt could be able to use the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer can ask for the disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the lawsuit will be asked to testify during depositions, which are the testimony under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven the facts of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice in court, that it is more likely that the doctor violated his or her obligations as a physician and that those mistakes led to injuries. The lawyer for the plaintiff must demonstrate this by presenting evidence through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. This also includes swearing statements that are recorded and used in trial.

A doctor has breached their professional duty by doing something that a reasonable prudent physician would not have done in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is called causation or proximate causes. A patient might visit a hospital to repair a hernia, but instead end up having their gall bladder removed. This is Medical malpractice Law firm malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated period of time, referred to as the statute of limitations, that varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, and then they must prove what monetary compensation they are entitled to.

Damages

If a medical error has caused you to sustain an injury, you deserve 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 summons and complaint to all named defendants in the lawsuit. The parties then engage in discovery, a process by which documents and statements are made public under oath. During discovery medical records and notes from a doctor medical malpractice Law firm are usually requested.

In the majority of states, you must establish four elements to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, you will have an impressive case.

In some cases courts may award punitive damages, which are intended to penalize the wrongdoer and deter others from engaging in similar conduct. This is not the norm however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to make these extraordinary awards.