15 Medical Malpractice Settlement Benefits You Should All Know

How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, remain inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice lawsuit can be filed by the person who suffered the injury or a legal representative. It could be the spouse or adult child parent, guardian, or administrator of an estate belonging to a deceased patient depending on the specific circumstances. The plaintiff in a medical malpractice lawsuit is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Expert testimony is typically required in cases of malpractice. medical malpractice attorney experts are required to testify on whether or the medical malpractice law firm professional was in compliance with the standard of care in their specific field. They must also testify as to the damage caused by the actions or inactions of the doctor.

The consequences of negligence and mistakes can be devastating. A misdiagnosis could have grave consequences, such as a life-threatening condition. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

To prove a malpractice claim the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach in the breach; a resulting injury and damages. In certain states, such as New York, the law puts a limit on amount that can be awarded in the malpractice claim.

Causation

The injury element is also called the causation. It is among the most important aspects in a medical malpractice claim. To prove causation, a plaintiff must show that they suffered an injury based on a balance of probabilities due to of the physician's negligence. This can be a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing conditions that were in the process of being treated prior to. The statute of limitations on a medical malpractice case could be extended over several years and the development of injuries can happen slowly.

In these situations it can be difficult to prove that a certain medical professional's breach of standard of care caused the injury. The attorney could have collected evidence, like medical records and expert testimony that the patient who was injured may use.

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer will request the disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is representing the case will be required to give deposition. This is a declaration which is under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven the elements of the case, including duty, breach and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those breaches resulted in injuries. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath and recorded to be used at trial, are also a part of this procedure.

A doctor has breached their professional obligation by doing something that a reasonable prudent physician would not have done under similar circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or proximate causes. A patient may go to the hospital in order to have a hernia fixed, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations, which varies by state. The patient who is injured must prove that the negligent care caused injury and then show how much compensation they are entitled to.

Damages

You deserve to be compensated for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then proceed to discovery, a process by which documents and statements are disclosed under an oath. During discovery, medical records and notes from a doctor will typically be sought.

In the majority of states, to receive compensation for injuries sustained by malpractice, you have to prove four things such as a duty of care that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and injury; and damages resulting from the injury. If your lawyer can prove all of these elements, you can make a an excellent case for financial recovery in a medical negligence claim.

In certain cases the court might award punitive damage that is intended to punish the wrongdoer and discourage others from committing similar crimes. But, this isn't often the case in medical malpractice cases, as the courts require extremely precise proof of malice before they can award these awe-inspiring awards.