How to File a Medical Malpractice Case

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

It is important for our clients to establish a direct link between the breach of duty and the damage, known as proximate causation.

Causes of Injury

A medical malpractice lawsuit can be filed by the person who has been injured or by a person legally appointed to act on their behalf. Based on the circumstances, this may be the spouse of the patient or an adult child parent, guardian ad litem or the executor or administrator of the estate of the deceased patient. The plaintiff in a medical malpractice lawsuit is the health care provider. This could be a nurse, doctor, therapist or any other licensed health professional.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to testify on whether or not the health care provider was in compliance with the standard of care for their specific area. They must also testify to the harm caused by the actions or inactions of the doctor.

Injury caused by negligence and mistakes can be devastating. For instance, a wrong diagnosis of a health condition can have life-threatening consequences. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice case that include a duty owed to the patient by the doctor; a breach of this duty; an injury caused by the breach and the resulting damages. In certain 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 one of the most important aspects of a medical malpractice claim. To prove causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This can be a difficult job due to a variety of reasons.

Many of the injuries that form the basis of a medical negligence lawsuit result from long-term or ongoing conditions that existed prior to when treatment began. The time-limit for a medical malpractice lawsuit can be extended over the course of several years, and injuries can develop slowly.

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

During the discovery process, which is part of the legal procedure for preparing for trial, your lawyer may ask for the disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is representing the case will be asked to appear in deposition. This is a statement that is given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has esents: a duty of care owed by 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 prove all of these elements, you will have an excellent case for financial recovery in a grapevine medical malpractice lawsuit malpractice case.

In some cases courts may decide to award punitive damages. These are intended to punish the offender and deter others from engaging in similar conduct. This is rare however, Vimeo particularly in medical malpractice cases. The courts must have a clear evidence of malice before they are able to decide to award these extraordinary damages.