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How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps in her body after gall bladder surgery can bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.

Our clients must establish a direct connection between the breach of duty, and the injury. This is known as the proximate reason.

Causes of Injury

A martinsburg medical malpractice lawyer malpractice claim may be filed either by the victim or a legal representative. It could be the spouse or adult child, parent, guardian or administrator of the estate of a deceased person depending on the circumstances. In a case involving medical malpractice the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

Malpractice cases typically involve an abundance of expert testimony. Medical experts are required to provide evidence to prove that the healthcare provider did what was required of treatment in their specific area of expertise. They must also testify regarding the injury caused by the physician's actions or inactions.

The consequences of negligence and malpractice can be severe. A mistake in diagnosis can have devastating consequences, such as the possibility of a life-threatening illness. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to prove a malpractice claim the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach of the breach; a resulting injury; and 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 referred to as causation is one of the most important aspects of a medical malpractice case. To prove causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This can be a challenging task due to several reasons.

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

In these cases it is often difficult to prove that a specific medical professional's failure to adhere to the standard of care caused the injury. However, the aggrieved patient could be able to make use of evidence collected by the attorney, like medical records and expert testimony.

During the discovery process, which is part of the legal procedure for preparing for trial, your lawyer may seek disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is representing the case will be required to take a deposition. This is a testimony which is under oath. Your lawyer can cross-examine the doctor and contest their findings. The jury will decide if the plaintiff has proven the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for frankfort medical malpractice attorney malpractice, that it is more than likely that the physician violated his or her duties as medical professional and that these mistakes led to injuries. The plaintiff's lawyer must prove this using evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath, and recorded for use at trial, are also a part of this procedure.

A doctor has violated their professional duty when they did something that reasonable and prudent doctors would not have done under the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is referred to as causation or proxy causes. Patients may visit a hospital to have a hernia repaired, and instead, have their gall bladder removed. This is medical negligence since the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal period, referred to as the statute of limitations. This is different from state to state. The injured patient must establish that the care provided was substandard and caused injury, and then he or she must show how much compensation they are entitled to.

Damages

If medical negligence has caused you to suffer injury, you have the right to be compensated. At Scaffidi & Associates, we can help you receive the full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then begin discovery, a process in which documents and statements are disclosed under an oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, you have to prove four things in order to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these elements, you can make a an argument for financial recovery in a medical malpractice claim.

In some instances the court can make punitive damages available, which are intended to penalize the culprit and deter others from engaging in the same conduct. It is not common however, in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to decide to award these extraordinary damages.