How to File a Medical Malpractice Case
A patient who discovers an object that is foreign, for example, surgical clamps inside her body after gall bladder surgery may make a claim for medical malpractice. A successful claim must prove the elements of
moline medical malpractice lawsuit malpractice: duty, deviance from the norm and direct cause.
Our clients must establish a direct connection between the breach of duty and the injury. This is referred to as the proximate reason.
Causes of Injury
A medical malpractice case can be initiated by the patient who was injured or a person legally designated to represent them. Based on the circumstances, this could be a spouse of the patient, an adult child or parent, a guardian ad litem or the executor or administrator of the estate of the deceased patient. The plaintiff in a lawsuit for medical malpractice is the health professional. This could be a nurse, doctor, therapist or any other health care professional.
Expert testimony is typically required in cases of malpractice. Medical experts must determine if the medical professional performed his duties in accordance with the standard of care in his or her particular field of expertise. They must also testify to the harm resulting from the actions or inactions of a doctor.
Injuries that result from malpractice or negligence can be extremely serious. A misdiagnosis could have grave consequences, including life-threatening conditions. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.
The patient must establish four legal elements of a malpractice claim which include a duty to the patient by the physician and a breach of that duty; an injury caused by the breach; and the resulting damages. In some states, like New York, the law puts a limit on amount of money that could be awarded in a malpractice claim.
Causation
The injury element is known as the causation. It is one of most important aspects of a medical malpractice claim. To prove causation, the plaintiff must show that they sustained the injury based on a balance of probabilities because of the negligence of the doctor. This is a challenging job due to various reasons.
Many of the injuries that are the basis of a medical negligence lawsuit result from long-term or ongoing conditions which were present before treatment started. The statute of limitations on medical malpractice cases can be extended over the course of several years and the development of injuries can happen slowly.
In these instances it is difficult to prove that a medical professional's violation of the standard of care led to the injury is difficult. However, the patient who is afflicted could be able to use evidence collected by the attorney, like medical documents and expert testimony.
During the discovery procedure as part of the legal process preparing for a trial, your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be required to give deposition. This is a statement that's given under the oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide whether the plaintiff has proved the facts of the case which include breach of duty, breach and causation.
Negligence
The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice to show that it is more than likely that the doctor violated his or her duties as a physician and that those actions led to injury. The lawyer representing the plaintiff must show this through evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. The process also involves the recording of sworn statements and used in trial.
A doctor has violated their professional obligation in the event that they did something a reasonable and prudent doctor would not have done under the same circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation or proximate causes. For instance when a patient is taken to the hospital for a hernia procedure and is later told that he or his gall bladder removed instead. This is
scotia medical malpractice Law firm malpractice because the removal of the gall bladder did not benefit the patient.
Medical malpractice lawsuits must be filed within a legally defined period of time, also known as the statute of limitations that varies from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, and then they have to prove the amount of compensation they are entitled to.
Damages
You should be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving an adequate and fair amount of compensation for your losses.
The first step is filing and serving a summons and complaint to all defendants named in the lawsuit. The parties then begin discovery, a procedure in which documents and declarations are made public under the oath. During discovery medical records and notes from a doctor are usually requested.
In many states, to be eligible for compensation for injuries incurred by malpractice, you need to prove four things including a duty of good faith owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you will have an impressive case.
In certain cases courts may decide to award punitive damages. These are intended to punish the perpetrator and discourage others from engaging in the same conduct. This is not the norm, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they may decide to award these extraordinary damages.
