Why Medical Malpractice Settlement Is Your Next Big Obsession

How to File a Medical Malpractice Case

If a patient discovers that an object that is foreign, such as surgical clamps, remains inside her body after gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is referred to as the proximate cause.

The reason for injury

A medical malpractice lawsuit can be initiated by the patient who was injured or a person who is legally authorized 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 administrator or executor of the estate of the deceased patient. The defendant in a medical malpractice suit is the health care provider. It could be an accredited nurse, doctor or therapist.

Malpractice cases typically involve many expert witnesses. Medical experts must testify as to whether or not the health care provider was in compliance with the standard of care for their specific area. They also have to testify to the harm resulting from the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be very serious. For instance, a wrong diagnosis of a health condition can have life-threatening effects. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

In order to establish a malpractice case the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty; a subsequent injury; and damages. In certain states, such as New York, the law sets a limit on the amount that can be awarded in an action for malpractice.

Causation

The injury element is also known as the causation. It is among the most important aspects of a medical malpractice claim. To establish causation the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This is a challenging task due to several reasons.

Many of the injuries that form the basis for a medical negligence lawsuit result from long-term illnesses or conditions which were present before treatment began. The time-limit for medical malpractice lawsuits a medical malpractice case could be extended over a period of time and injuries may develop slowly.

In these instances the proof that a medical professional's violation of the standard of care led to the injury is not easy. However, the patient who is afflicted 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 for preparing for a trial, your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit will be called to testify during deposition, which is testimony given under oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will decide then 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 claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician breached his or her professional duties and that the breaches caused harm. The plaintiff's attorney must be able to prove this by utilizing evidence collected during discovery. This includes soliciting documents, including medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use in trial, are also part of this process.

A doctor has breached their professional obligation in the event that they did something an ordinary prudent doctor would not have done under similar circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or proximate cause. A patient might visit the hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated time frame, known as the statute of limitations, that varies from state to state. The victim must prove that the substandard treatment caused injury, and then they must establish what compensation they're entitled to.

Damages

If medical negligence has led you to suffer an injury, you are entitled to be compensated. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your loss.

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 participate in discovery, a procedure in which documents and declarations are made public under oath. During discovery medical malpractice attorney records and doctor's notes are usually requested.

In the majority of states, you have to establish four elements to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider in breach of that duty; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can prove all of these elements in a medical negligence claim, you'll have an impressive case.

In some cases, courts can give punitive damages, which are designed to punish the offender and deter others from committing the same offense. However, this is not the norm in medical malpractice cases because the courts require clear evidence of malice to award these extraordinary awards.