How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body after gall bladder surgery is able to file a lawsuit for medical malpractice. A successful claim has to prove the elements of medical malpractice: duty, deviance from the norm and direct reason.

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

The reason for injury

A west mifflin medical malpractice law firm malpractice claim may be filed either by the victim or a legal representative. This could be the spouse or adult child guardian, parent or administrator of an estate belonging to a deceased patient, depending on the circumstances. The defendant in a suit for medical negligence is the health care provider. This could be a nurse, doctor or therapist, or any other health professional.

Expert testimony is often required in cases of malpractice. Medical experts are required to testify whether or not the health care provider adhered to the standards of treatment in their specific field. They must also testify to the harm resulting from the doctor's actions or inactions.

Injury caused by negligence and malpractice can be severe. For instance, a misdiagnosis of a health problem could have life-threatening effects. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

To establish a malpractice case the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach in this duty, resulting injury and damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element is also known as the causation. It is one of the most important aspects in a medical malpractice claim. To prove causation the plaintiff must demonstrate that they sustained the injury based on a balance of probabilities due to of the negligence of a physician. This can be a difficult task for a number of reasons.

Many injuries that are the basis for oradell Medical Malpractice law firm negligence lawsuits result from long-term illnesses or issues that existed before treatment started. Often, the statute of limitations for a claim involving medical malpractice extends over a variety of years and the injuries can develop gradually.

In these cases it can be difficult to prove that a specific medical professional's breach of standard of care led to the injury. However, the patient who was hurt may be able to use the evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is an integral part of the legal procedure prepping for trial, your lawyer may seek disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor who is defending the case will be required to take a deposition. This is a statement that is made under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the essential elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice to show that it is more likely that the physician violated his or her responsibilities as a physician and that those breaches resulted in injury. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties involved in the lawsuit. This also includes sworn declarations that are recorded and used at trial.

A doctor has breached their professional duty when they did something that an ordinary prudent doctor would not have done under similar circumstances. It must be proved that the breach caused injury directly to the patient. This is known as causation or proximate causes. For instance, a patient goes to the hospital for a procedure to treat a hernia and ends up having his or the gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, referred to as the statute of limitations which varies by state. The injured patient must establish that the negligent care caused injury and then prove how much monetary compensation he or she deserves.

Damages

If medical negligence caused you to suffer injury, you are entitled to 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 or summons, as well as other documents on all defendants. The parties then engage in discovery. This is a process where documents and statements are revealed under oath. During discovery, medical records and doctor's notes are typically requested.

In many states, to receive compensation for injuries sustained through malpractice, you need to prove four things such as a duty of care owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your attorney can prove all these aspects of a medical negligence claim, you'll have a strong case.

In certain cases, courts can decide to award punitive damages. These are intended to penalize the wrongdoer and deter others from engaging in similar misconduct. This is not the norm however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they can make these extraordinary awards.