How to File a Medical Malpractice Case
A patient who finds an object that is foreign, for example, surgical clamps in her body following gall bladder surgery is able to file a lawsuit for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.
It is vital for our clients to establish a direct link between the breach of duty and the harm called proximate causation.
Causes of Injury
A medical malpractice claim may be filed by the person who was injured or a legal representative. Depending on the circumstances, this could be the spouse of the patient or an adult child parent, a guardian ad Litem or the executor or administrator of the estate of the deceased patient. In a case of
lasalle medical malpractice law firm malpractice, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.
Expert testimony is usually required in cases of malpractice. Medical experts are required to testify on whether or not the health care provider was in compliance with the standard of care in their specific field. They also have to testify to the harm caused by the doctor’s actions or inactions.
Injuries caused by negligence and malpractice can be severe. For instance, a wrong diagnosis of a health issue could have life-threatening effects. Other kinds of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.
The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the physician and a breach of that duty; an injury caused by the breach; and resulting damages. In certain states, such as New York the law limits the amount of money that can be awarded for a malpractice case.
Causation
The injury element, also known as causation, is one of the most crucial elements in a
Avondale medical malpractice attorney malpractice case. To prove causation the plaintiff must demonstrate that they sustained the injury on the basis of probabilities because of the negligence of a physician. This is a difficult task for a number of reasons.
Many injuries that are the basis of a medical negligence lawsuit result from long-term or ongoing conditions that existed prior to when treatment started. The time-limit for medical malpractice cases can be extended for a number of years and injuries may develop slowly.
In these cases it is necessary to prove that a medical professional's breached the standard of care and led to the injury can be difficult. However, the patient who is afflicted may be able to use the evidence collected by the attorney, including medical records and expert testimony.
During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer may request disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the case will be required to take a deposition. This is a testimony that is given under an oath. Your lawyer may 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 and causation.
Negligence
The plaintiff must convince the jury, when filing a claim for medical malpractice to show that it is more than likely that the doctor acted in violation of the obligations of physician and that the violations caused injury. The plaintiff's lawyer must show this through evidence gathered through pretrial discovery, which entails the disclosure of documents, including medical records from all parties who are involved in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.
A doctor has violated their professional obligation by doing something that an ordinary prudent doctor would not have done in the same circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation, or the proximate cause. For example when a patient is taken to the hospital for a hernia procedure and then has his or her gall bladder removed instead. This is
morrison medical malpractice lawsuit malpractice since the removal of the gall bladder did not benefit the patient.
Medical malpractice lawsuits must be filed within a legal timeframe, also known as the statute of limitations. This differs from state-to-state. The person who suffered the injury must prove that the negligent treatment caused injury, and they must establish what compensation they're entitled to.
Damages
If medical negligence caused you to suffer an injury, you are entitled to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your losses.
The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then begin discovery, a process in which documents and statements are revealed under oath. Medical records and the doctor's notes are typically requested during discovery.
In the majority of states, to receive compensation for injuries sustained by malpractice, you need to establish four elements that include a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages that result from the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you'll have an impressive case.
In some cases the court might make punitive damages a possibility that is designed to penalize a wrongdoer and deter others from engaging in similar crimes. This is rare however, particularly in medical malpractice cases. The courts must have a clear evidence of malice before they may make these extraordinary awards.
