Medical Malpractice Settlement Tips From The Top In The Business

How to File a Medical Malpractice Case

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

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

Causes of Injury

A medical malpractice claim can be filed by the person who has been injured or by a person legally appointed to represent them. Based on the specific circumstances, this could be the spouse of the patient, an adult child or parent, a guardian ad litem or the executor or administrator of the estate of the deceased patient. The plaintiff in a medical malpractice lawsuit is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Expert testimony is usually required in malpractice cases. Medical experts must be able to prove whether or the medical professional 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 doctor’s actions or inactions.

Injuries caused by negligence and mistakes can be catastrophic. A misdiagnosis can have serious consequences, including the possibility of a life-threatening illness. Other types of injuries can include operating on the wrong body part or putting surgical instruments in the patient.

In order to prove a malpractice case the patient must prove four legal elements: a duty the doctor owed them; a breach of this duty, resulting injury; and damages. In some states, such as New York, the law places a limit on the amount that can be awarded in the malpractice claim.

Causation

The injury element, also known as causation, is among the most crucial elements in medical malpractice cases. To establish causation, the plaintiff must show that they sustained the injury based on a balance of probabilities as a result of the negligence of a physician. This can be a challenging task due to a variety of reasons.

Many injuries that are the basis for a medical negligence lawsuit result from long-term conditions or ongoing issues that existed before treatment started. The time period for filing 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 particular medical malpractice lawyers professional's failure to adhere to the standards of care caused the injury. The attorney could have collected evidence, including expert testimony and medical records that the injured person could use.

During the discovery process, which is a part of the legal process for preparing for trial, your lawyer will ask for the disclosure of expert testimony and other evidence from lawyers of the defendants. The doctor who is defending the case will be required to testify in deposition. This is a declaration that's given under the oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has proved all the elements of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice, that it is more than likely that the physician violated his or her duties as a physician and that those violations caused injury. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which includes seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. This process also includes sworn declarations that are recorded and used in trial.

A doctor was in breach of the professional duties of a doctor if he or she did something that a reasonable prudent doctor would not do in the same circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. For example an individual goes to the hospital for a procedure to treat a hernia and is later told that he or the gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, called the statute of limitations, that varies from state to state. The victim must prove that the negligent care caused injury and then prove how much monetary compensation he or she is entitled to.

Damages

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

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then participate in discovery, in which documents and statements are disclosed under oath. During discovery medical records and notes from a doctor will usually be requested.

In many states, to receive compensation for injuries sustained by negligence, you must to prove four things such as a duty of care that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and Medical malpractice lawsuits damages caused by the injury. If your lawyer can prove all these aspects of a medical negligence claim, you will have a convincing case.

In certain instances, a court may give punitive damages, which are intended to punish the wrongdoer and deter others from engaging in similar misconduct. This isn't often, however, in medical malpractice cases. The courts must have clear evidence of malice before they are able to decide to award these extraordinary damages.