How to File a Medical Malpractice Case
A patient who discovers a foreign object such as surgical clamps in her body following gall bladder surgery may bring a lawsuit against a doctor for medical negligence. A successful claim must demonstrate the elements of medical negligence: duty, deviation from this duty and direct cause.
It is important for our clients to establish a direct relationship between the breach of duty and the damage that is known as proximate causation.
The reason for injury
A medical malpractice claim can be filed by the injured person or by a person legally appointed to represent them. Based on the specific circumstances, this could be a spouse of the patient or an adult child, parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. The defendant in a lawsuit for medical malpractice is the health professional. This could be a doctor, nurse or therapist, or any other licensed health professional.
Malpractice cases usually involve many expert witnesses. Medical experts are required to provide evidence to prove that the medical professional acted within the standard of care in their specific field of expertise. They must also testify to the damage caused by the doctor’s actions or inactions.
Injuries caused by negligence and mistakes can be catastrophic. An incorrect diagnosis can lead to serious consequences, like a life-threatening condition. 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 claim: a duty owed to the patient by the doctor; a breach of this duty; an injury caused by the breach and the resulting damages. In some states such as New York the law limits the amount of money that can be awarded in a case of malpractice.
Causation
The injury element, also referred to as causation, is among the most important elements in a medical malpractice case. To establish causation, the plaintiff must show that they sustained their injury on a balance of probabilities as a result of the negligence of the doctor. This is a challenging task due to several reasons.
For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing conditions that were already present prior to treatment. Often the statute of limitations for a claim involving medical malpractice extends out over a number of years, and injuries can develop gradually.
In these situations, it is difficult to prove that a certain medical professional’s breach of the standards of care caused the injury. However, the patient who was hurt could be able to make use of evidence collected by the attorney, including medical records and expert testimony.
During the discovery process which is an element of the legal process preparation for a trial, your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit is then called to testify during deposition, which is the testimony under oath. Your lawyer may cross-examine the doctor and challenge the doctor’s findings. The jury will then decide if the plaintiff has established the necessary elements of their case including the duty of care, breach, causation and injury.
Negligence
When a Medical malpractice law firms malpractice claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor breached his or her professional obligations and that those breaches caused injuries. The plaintiff’s attorney must demonstrate this using evidence obtained during discovery. This includes requesting documents, including medical records, from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded to be used at trial, are also a part of this process.
A doctor breached the professional duties of a doctor when he/she did something that a reasonably prudent doctor would not do under the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is referred to as causation or proximate cause. For example, a patient goes to the hospital for a hernia surgery and ends up having his or his gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.
Medical malpractice lawsuits must be filed within a specific legal period, referred to as the statute of limitations. This differs from state-to-state. The victim must show that the inadequate treatment caused injury, and then they must prove what monetary compensation they are entitled to.
Damages
You should be compensated for any injuries that you’ve suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair 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 participate in discovery. This is a procedure where documents and statements are disclosed under oath. During discovery medical records and doctor’s notes will usually be requested.
In most states, in order to be eligible for compensation for injuries incurred by malpractice, you have to establish four elements including a duty of good faith that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury and damages caused by the injury. If your lawyer can prove all of these elements, you will have an extremely strong case for financial recovery in a medical malpractice case.
In some instances the court might give punitive damages which is intended to punish the wrongdoer and discourage others from committing similar conduct. However, this isn’t the norm in medical malpractice cases since courts require precise proof of malice before they can award these extraordinary awards.