Medical Malpractice Settlement Tips That Will Change Your Life

How to File a Medical Malpractice Case

If a patient discovers that an object that is foreign like surgical clamps, remains in her body following gall bladder surgery may be able to file a lawsuit for medical malpractice. A successful claim must prove the elements of medical malpractice: duty, deviance from this duty and direct cause.

It is important for our clients to establish a direct causal connection between the breach of duty and the injury called proximate causation.

The reason for injury

A medical malpractice claim can be filed by the injured patient or by a person legally appointed to act on their behalf. It could be the spouse or adult child, parent, guardian or administrator of the estate of a deceased patient depending on the circumstances. The defendant in a medical malpractice suit is the health professional. It could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in malpractice cases. Medical experts must be able to prove whether or the medical professional adhered to the standards of care for their particular field. They must also testify to the harm caused by the doctor’s actions or inactions.

The consequences of negligence and malpractice can be severe. A misdiagnosis could have grave consequences, such as life-threatening conditions. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

In order to establish a malpractice claim the patient must demonstrate four legal elements: a duty the doctor owed them; a breach in this duty; a subsequent injury; and damages. In some states such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element is known as the causation. It is among the most important aspects of a medical malpractice claim. To prove causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a difficult task due to several reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit stem from long-term or ongoing conditions that were already present prior to the time of treatment. Often the statute of limitation for a medical malpractice lawsuit extends over a number of years and the injuries can develop gradually.

In these cases it can be difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. However, medical Malpractice lawsuits the person who was harmed may be able to use evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is a part of the legal procedure for preparation for trial, your lawyer can ask for the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is representing the case will be asked to give deposition. This is a statement which is under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury in a case of medical malpractice to show that it is more than likely that the doctor violated his or her responsibilities as a physician and that those actions led to injury. The plaintiff's attorney must demonstrate this through evidence obtained during discovery. This includes soliciting documents, including medical records and other records from all parties in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.

A doctor has violated their professional duty in the event that they did something a reasonable and prudent doctor would not have done in similar circumstances. However it must be established that the breach directly caused injury to the patient. This is called causation or proxy causes. For instance, a patient goes to the hospital for a procedure to treat a hernia and then has his or his gall bladder removed instead. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations that varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, and they have to prove the amount of compensation they deserve.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then begin discovery, a procedure in which documents and statements are made public under the oath. During discovery, medical records and notes from a doctor are usually requested.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result 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 the court could make punitive damages a possibility that is designed to punish the wrongdoer and deter others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases as the courts require extremely clear evidence of malice to award these extraordinary awards.