How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, remains inside her body after gall bladder surgery can file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from this duty and direct cause.

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

The reason for injury

A medical malpractice lawsuit can be filed by the injured person or a legal person to act on their behalf. Based on the specific circumstances, it could be the 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 medical malpractice suit is the health professional. This could be a doctor, nurse or therapist, or any other licensed health care professional.

Malpractice cases usually involve an abundance of expert testimony. Medical experts must be able to testify that the doctor acted within the standard of medical care within their specific area of expertise. They must also testify about the injury that was caused by the physician's actions or inactions.

The consequences of negligence and mistakes can be catastrophic. A mistake in diagnosis can have devastating consequences, such as an illness that could be life-threatening. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

To prove a malpractice claim, the patient must prove four legal elements: a duty that the doctor owed them; a breach of this duty, resulting injury; and damages. In certain states, such as New York, the law restricts the amount of money that can be awarded for the malpractice claim.

Causation

The injury element is called the causation. It is one of the most important aspects in a medical malpractice claim. To establish causation, the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a difficult task for several reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing illnesses that were present before treatment began. Often the statute of limitation for a claim involving medical malpractice extends over a number of years, and the injuries can develop gradually.

In these instances the proof that a Lancaster Medical Malpractice Attorney professional's breached the standard of care led to the injury is not easy. However, the patient who was hurt could be able to make use of the evidence gathered by the attorney, such as medical records and expert testimony.

During the process of discovery that is part of the legal process for the preparation of a trial your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be asked to testify during a deposition, which is the testimony under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury in a case of medical malpractice to show that it is more likely that the doctor acted in violation of his or her duties as a physician and that those breaches resulted in injury. The plaintiff's attorney has to demonstrate this through evidence gathered during pretrial discovery. This includes requesting documents, including frankfort medical malpractice lawyer records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use at trial, are also a part of this process.

A doctor has violated his or her professional obligation when he/she did something that a reasonably prudent doctor would not do in the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. A patient might go to the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, also known as the statute of limitations, which varies by state. The person who has suffered injury must prove that the substandard care resulted in injury, and then demonstrate the amount of compensation he or she is entitled to.

Damages

If a medical error has caused you to suffer injury, you are entitled to be compensated. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties participate in discovery. This is a process in which documents and declarations are revealed under an oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, you have to establish four elements to be compensated for the injuries caused by sleepy hollow medical malpractice lawyer malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you'll have a strong case.

In some instances the court could decide to award punitive damages, which is meant to penalize a wrongdoer and discourage others from committing similar crimes. It is not common, however, in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to make these extraordinary awards.