How to File a Medical Malpractice Case
If a patient discovers that an object foreign to her, such as surgical clamps, is still inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviance from this duty and the direct cause.
It is crucial for our clients to establish a direct relationship 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 an attorney. Based on the specific circumstances, this may be the spouse of the patient, an adult child or parent, a guardian ad litem or the executor or administrator of the estate of the patient who died. The plaintiff in a medical malpractice lawsuit is the health care provider. It could be a licensed doctor, nurse or therapist.
Expert testimony is typically required in malpractice cases. scranton medical malpractice lawsuit experts are required to provide evidence to prove that the health care provider performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify about the injury that was caused by the doctor’s actions or inactions.
Injuries resulting from malpractice and negligence can be quite severe. For example, a mistake in the diagnosis of a health condition can have life-threatening consequences. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.
The patient must establish four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor or a breach of the obligation; a harm caused by the breach; and lawsuit the consequential 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 among the most important aspects in a medical malpractice claim. To prove causation, the plaintiff must prove that their injury was caused by the doctor’s negligence. This is a difficult task due to a variety of reasons.
A lot of the injuries that form the basis of a medical negligence lawsuit stem from long-term or ongoing conditions that existed prior to when treatment started. The statute of limitations on a medical malpractice case could be extended over a period of time and injuries may develop slowly.
In these instances it is often difficult to prove that a particular medical professional’s breach of the standards of care caused the injury. The attorney could have gathered evidence, including expert testimony and medical records that the patient who was injured may use.
During the discovery procedure as part of the legal procedure for prepping for a trial your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit is then asked to testify during deposition, which is testimony under an oath. Your lawyer can challenge the doctor’s findings and cross-examine them. The jury will then decide if the plaintiff has proved the necessary elements of their case including duty, breach, causation and injury.
Negligence
The plaintiff must convince the jury when bringing a lawsuit for medical malpractice that it is more than likely that the physician violated his or her responsibilities as a physician and that those breaches resulted in injury. The plaintiff’s attorney has to be able to prove this by utilizing evidence obtained during discovery. This includes requesting documents, including medical records and other records from all parties in a lawsuit. This also includes sworn statements that are recorded and used in trial.
A doctor breached his or her professional obligations when he or she did something that a reasonable prudent physician would not do under similar circumstances. However it must be proven that the breach directly caused injury 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 negligence since the removal was not beneficial for the patient.
Medical malpractice lawsuits must be filed within a legally prescribed time frame, known as the statute of limitations that varies from state to state. The injured patient must establish that the substandard care caused injury and then prove how much monetary compensation they are entitled to.
Damages
You should be compensated for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your loss.
The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties then participate in discovery, a procedure in which documents and statements are disclosed under the oath. During discovery, medical records and notes from a doctor are typically requested.
In many states, to receive compensation for injuries caused by negligence, you must to prove four things: a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury and damages caused by the injury. If your lawyer can prove all of these elements, then you’ve got a strong case for financial recovery in a medical negligence claim.
In some instances the court could give punitive damages, which is meant to punish a wrongdoer, and deter others from engaging in similar crimes. However, this is rare in medical malpractice cases because the courts require evident proof of malice in order to award these awe-inspiring awards.