How To Create Successful Medical Malpractice Settlement Instructions For Homeschoolers From Home

How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, is still inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.

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

Cause of Injury

A medical malpractice lawsuit can be filed by the victim or a legal representative. This could be the spouse, adult child or parent, guardian or administrator of a deceased patient's estate, depending on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

The majority of cases involving malpractice involve many expert witnesses. Medical experts are required to testify whether or not the health care provider followed the standard of care for their particular field. They also have to testify to the harm resulting from the doctor’s actions or inactions.

Injuries caused by negligence and mistakes can be devastating. For example, a misdiagnosis of a health issue could result in life-threatening consequences. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice claim which include a duty to the patient by the doctor and a breach of this duty; an injury caused by the breach; and the consequential damages. In certain states, like New York, the law restricts the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most important elements of a medical malpractice case. To prove causation, the plaintiff must prove that the injury was caused by a physician's negligence. This can be a difficult task due to a variety of reasons.

Many injuries that are the basis of a medical negligence lawsuit result from long-term or ongoing conditions which were present before treatment began. The time limit for a medical malpractice case can be extended over several years and the development of injuries can happen slowly.

In these instances, proving that a medical professional's breached the standard of care and led to the injury can be difficult. However, the aggrieved patient could be able to make use of the evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is a part of the legal procedure prepping for trial, your lawyer may ask for the disclosure of expert testimony and other evidence from lawyers of the defendants. The doctor defending the lawsuit will then be called to testify during a deposition, which is testimony that is under an oath. Your lawyer can cross-examine the doctor and contest the doctor's findings. The jury will decide then if the plaintiff has proved the essential elements of their case including the duty of care, breach, causation and lawyers injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice law firms malpractice in court, that it is more likely that the physician violated the obligations of physician and that the mistakes led to injuries. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for use at trial, are also part of this procedure.

A doctor has breached their professional duty if they did something an ordinary prudent doctor would not have done 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 instance the patient is admitted to the hospital for a hernia surgery and is later told that he or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within a legal period, referred to as the statute of limitations. This differs from state to state. The victim must prove that the substandard treatment caused injury, then they must establish what compensation they're entitled to.

Damages

If a medical error has caused you to suffer a traumatic injury, you should be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties engage in discovery. It is a process where documents and statements are presented under the oath. During discovery medical records and notes from a doctor are typically requested.

In most states, you have to demonstrate four elements in order to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of that duty; a causal link between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can prove all of these elements of a medical negligence claim, you will have a strong case.

In some cases courts may give punitive damages, which are designed to punish the perpetrator and discourage others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases, as courts require evident proof of malice in order to give these extraordinary awards.