Why All The Fuss About Medical Malpractice Settlement

How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, remains in her body following gall bladder surgery may pursue a medical malpractice law firm malpractice suit. A successful claim has to prove the elements of medical negligence: duty, deviation from this duty and the direct reason.

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

Cause of Injury

A claim for medical malpractice can be filed by the person who suffered the injury or an attorney. This could be a spouse or adult child guardian, parent or administrator of an estate belonging to a deceased patient, based on the circumstances. In a medical malpractice case, the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts must testify as to whether or the medical professional was in compliance with the standard of care for their particular field. They also have to testify about the injury that was caused by the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be quite severe. A misdiagnosis could have grave consequences, medical malpractice lawsuits like the possibility of a life-threatening illness. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

In order to establish a malpractice claim, the patient must prove four legal elements: a duty that the doctor owed to them; a breach of this duty; a resultant injury and damages. In certain states, such as New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one of the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This is a challenging task for several reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing illnesses that were present prior to the time of treatment. The time limit for medical malpractice cases can be extended over the course of several years and injuries may develop slowly.

In these instances it is often difficult to prove that a certain medical professional's failure to adhere to the standard of care caused the injury. However, the aggrieved patient might be able use evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is a part of the legal process for preparation for a trial, your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will be asked to testify during deposition, which is testimony that is under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated all the elements of the case including breach of duty and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and that the breached duties caused harm. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath, and recorded for use at trial, are also part of this process.

A doctor breached his or her professional obligation if he or she did something that a reasonably prudent doctor would not do in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proxy causes. For example an individual goes to the hospital for a hernia operation and ends up having his or his gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, referred to as the statute of limitations, which varies according to the state. The injured patient has to demonstrate that the treatment was substandard and caused injury, then they must establish what compensation they are entitled to.

Damages

You should 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 make a complaint and serve it or summons, as well as other documents on all defendants. The parties then begin discovery, a procedure in which documents and statements are made public under an oath. During discovery, medical records and doctor's notes will usually be requested.

In the majority of states, you need to prove four things to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, you'll have an enviable case.

In certain instances the court might give punitive damages, which is meant to punish the perpetrator and discourage others from committing similar acts. This is not the norm, however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.