The Often Unknown Benefits Of Medical Malpractice Settlement

How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps within her body following gall bladder surgery may make a claim for medical negligence. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct causes, and injury.

It is essential for our clients to establish a direct causal connection between the breach of duty and the resulting injury, known as proximate causation.

Cause of Injury

A medical negligence case may be filed by the injured patient or a person who is legally authorized to represent them. This can be the spouse, adult child or parent, guardian or administrator of the estate of a deceased patient depending on the specific circumstances. In a medical malpractice case the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to determine if the doctor acted within the standard of care in his or her special area of expertise. They must also testify to the damage caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. A misdiagnosis could have grave consequences, including the possibility of a life-threatening illness. Other kinds of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the doctor and a breach of this duty; an injury caused by the breach; and the resulting damages. In certain states, like New York, the law places a limit on the amount of money that could be awarded in a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important elements in medical malpractice cases. To establish causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a difficult job due to a variety of reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing illnesses that were present prior to the time of treatment. The statute of limitations on medical malpractice cases can be extended over several years and injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's violation of the standard of care led to the injury is not easy. However, the aggrieved patient might be able use evidence gathered by the attorney, like medical records and expert testimony.

During the discovery process, which is part of the legal process for preparation for trial, your lawyer will request disclosure of expert testimony and other evidence from lawyers of the defendants. The doctor defending the lawsuit will then be asked to give evidence during deposition, which is testimony under an oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has proved the elements of the case which include breach of duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those violations caused injury. The plaintiff's attorney must demonstrate this through evidence collected during discovery. This includes the request of documents, including medical records from all parties involved in a lawsuit. Depositions, in which statements are made under oath, and recorded for use in trial, are also a part of this procedure.

A doctor violated his or her professional obligations when he or she did something that a prudent doctor would not do under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. For example the patient is admitted to the hospital for a hernia operation and is then able to have his or his gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a certain period, referred to as the statute of limitations. This differs from state-to-state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then show how much compensation they are entitled to.

Damages

If medical negligence caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you to receive the full and fair compensation you deserve for your loss.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then engage in discovery. This is where documents and statements are made public under an oath. Medical records and the notes of the doctor lawyers are typically sought during discovery.

In most states, to receive compensation for injuries caused by malpractice, you need to establish four elements: a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can prove all of these elements, you will have an argument for financial compensation in a medical negligence claim.

In some instances, courts can make punitive damages available, which are designed to punish the wrongdoer and deter others from engaging in the same conduct. This isn't often however, particularly in medical malpractice attorneys malpractice cases. The courts must have clear evidence of malice before they are able to make these extraordinary awards.