How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps within her body following gall bladder surgery could bring a lawsuit against a doctor for medical negligence. A successful claim must establish the legal aspects of lake worth medical malpractice lawsuit negligence: duty, deviation from this duty, direct causes, and injury.

It is essential for our clients to establish a direct relationship between the breach of duty and the damage that is known as proximate causation.

Cause of Injury

A medical malpractice claim can be filed by the person who was injured or a legal representative. This can be the spouse or adult child, parent, guardian or administrator of the estate of a deceased patient depending on the circumstances. In a medical malpractice case, the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to testify on whether or the medical professional followed the standard of care for their particular field. They must also testify as to the harm that was caused by the doctor’s actions or inactions.

Injury caused by negligence and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, such as a life-threatening condition. Other types of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice claim: a duty owed to the patient by the physician and a breach of this duty; 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 also called the causation. It is one of the most crucial aspects in a medical malpractice claim. To prove causation, the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a challenging task due to a variety of reasons.

For instance, many of the 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 time limit for medical malpractice cases can be extended for a number of years, and injuries can develop slowly.

In these instances the proof that a medical professional's failure to adhere to the standard of care and led to the injury can be difficult. The attorney may have collected evidence, like medical malpractice attorney records and expert testimony that the injured person can use.

During the discovery process, medical Malpractice Attorney which is part of the legal process for preparation for trial, your lawyer may request the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is representing the case will be asked to appear in a deposition. This is a declaration that's given under an oath. Your lawyer can 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

The plaintiff must convince the jury, in a case of medical malpractice in court, that it is more likely that the doctor acted in violation of his or her duties as physician and that the mistakes led to injuries. The plaintiff's lawyer has to show this through evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor has breached their professional obligation by doing something that reasonable and prudent doctors would not have done under similar circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation or proxy causes. A patient could visit the hospital to repair a hernia, and instead, have their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, called the statute of limitations, which varies by state. The patient who was injured must demonstrate that the treatment was substandard and caused injury, and they must prove what monetary compensation they are entitled to.

Damages

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

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

In most states, you need to prove four things to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that obligation; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your lawyer can prove all of these elements, you will have an excellent case for financial compensation in a mishawaka medical malpractice attorney malpractice claim.

In certain cases the court could decide to award punitive damages that is designed to punish the wrongdoer and discourage others from committing similar conduct. It is not common however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to award these extraordinary damages.