Why Medical Malpractice Settlement Is Your Next Big Obsession

How to File a Medical Malpractice Case

A patient who discovers that a foreign object, such as surgical clamps, remains in her body following gall bladder surgery could pursue a medical malpractice suit. A successful lawsuit must establish the elements of medical malpractice law firm malpractice: duty, deviance from this duty and direct reason.

It is vital for our clients to establish a direct connection between the breach of duty and the harm which is referred to as proximate cause.

The reason for injury

A medical malpractice claim can be initiated by the patient who was injured or a legal person to represent them. This could be a spouse or adult child, parent, guardian or administrator of an estate belonging to a deceased patient depending on the specific circumstances. In a case of medical malpractice, Medical Malpractice Law Firm the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to provide evidence to prove that the medical professional was acting in accordance with the standards of medical care within their special area of expertise. They also have to testify to the harm resulting from the actions or inactions of a doctor.

The injuries that result from malpractice and negligence can be very serious. For instance, a wrong diagnosis of a medical condition could have life-threatening consequences. Other types of injuries can include operating on the incorrect body part or leaving surgical instruments inside the patient.

To establish a malpractice claim the patient has to prove four legal elements: a duty that the physician owed to them; a breach in this duty; a subsequent injury and damages. In certain states, like New York, the law sets a limit on the amount that can be awarded in an action for malpractice.

Causation

The injury element is called the causation. It is one of most important aspects in a medical malpractice claim. To prove causation, the plaintiff must demonstrate that they sustained their injury on the balance of probabilities because due to the negligence of the doctor. This can be a challenging job due to a variety of reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term or ongoing conditions that were already present prior to treatment. The time period for filing a medical malpractice case could be extended for a number of years, and injuries can develop slowly.

In these cases it can be difficult to prove that a particular medical professional's violation of the standard of care led to the injury. However, the aggrieved patient could be able to use the evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery process, which is a part of the legal process for preparation for a trial, your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit is then asked to testify during a deposition, which is the testimony under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the essential elements of their claim, which includes the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice that it is more likely that the doctor did not fulfill the obligations of a doctor and that these mistakes led to injuries. The plaintiff's lawyer must demonstrate this through evidence collected during discovery. This involves requesting documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, where statements are made under oath and recorded for trial, are also a part of this process.

A doctor was in breach of his or her professional obligation when he or she did something that a prudent physician would not do under similar circumstances. It must be proved that the breach resulted in injury directly to the patient. This is known as causation or causal proximate causes. For example when a patient is taken to the hospital for a hernia operation and is later told that he or her gall bladder removed instead. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice suits must be filed within a certain timeframe, also known as the statute of limitations. This is different from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, then they must prove what monetary compensation they are entitled to.

Damages

If medical negligence has led you to suffer an injury, you deserve to be made whole. At Scaffidi & Associates, we can assist you to receive full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties participate in discovery. This is a procedure which involves the disclosure of documents and statements revealed under the oath. During discovery medical malpractice attorney records and notes from a doctor are usually requested.

In most states, to receive compensation for injuries sustained through malpractice, you need to establish four elements such as a duty of care that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your attorney can establish all of these elements, you will have an excellent case for financial recovery in a medical malpractice claim.

In certain instances, a court may make punitive damages available, which are intended to punish the perpetrator and discourage others from committing the same offense. It is not common however, particularly in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to award these extraordinary damages.