How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign, such as surgical clamps, is still inside her body following gall bladder surgery can pursue a medical malpractice suit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.

It is vital for our clients to establish a direct causal connection between the breach of duty and the injury, known as proximate causation.

The reason for injury

A medical malpractice lawsuit can be filed by the injured patient or a person legally designated to act on their behalf. This could be the spouse or adult child or parent, guardian or administrator of the estate of a deceased person, depending on the circumstances. In a medical malpractice attorney malpractice case, the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases typically involve an abundance of expert testimony. Medical experts are required to testify as to whether the healthcare provider was acting in accordance with the standards of care in their special area of expertise. They must also testify as to the damage caused by the doctor's actions or inactions.

The consequences of malpractice and negligence can be quite severe. An incorrect diagnosis can lead to serious consequences, like the possibility of a life-threatening illness. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice lawsuit which include a duty to the patient by the physician; a breach of this obligation; an injury resulting by the breach; and hemorrhoidtreatmentonline.com the consequential damages. In certain states, like New York, the law puts a limit on amount of money that could be awarded in an injury resulting from a malpractice claim.

Causation

The injury element is also known as the causation. It is among the most crucial elements in a medical malpractice claim. To establish causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a challenging task due to several reasons.

Many injuries that are the basis for medical negligence lawsuits result from long-term or ongoing illnesses that existed before treatment started. Often the statute of limitation for a claim involving medical malpractice extends out over a number of years, and injuries can develop gradually.

In these instances it is difficult to prove that a medical professional's breach of the standard of care and led to the injury is difficult. However, the patient who was hurt may be able to use the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is an integral part of the legal procedure for getting ready for trial, your lawyer could ask for the disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor defending the lawsuit is then asked to give evidence during depositions, which are testimony given under the oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will decide then if the plaintiff has proven the essential elements of their case such as obligation, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice to show that it is likely that the doctor did not fulfill his or her responsibilities as a physician and that those violations caused injury. The plaintiff's attorney has to prove this by using evidence gathered during discovery. This includes seeking documents, such as medical records and postgasse.net other records from all parties in the lawsuit. The process also involves the recording of sworn statements and used at trial.

A doctor has violated his or her professional obligation when he/she did something that a reasonable prudent physician would not do in similar circumstances. It must be proven that the breach caused the injury directly to the patient. This is called causation or the proximate cause. For instance, a patient goes to the hospital for a hernia procedure and is later told that he or her gall bladder removed instead. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, referred to as the statute of limitations, which is different for each state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then he or she must show how much compensation they are entitled to.

Damages

If medical negligence caused you to sustain an injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your losses.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties engage in discovery. It is a process which involves the disclosure of documents and statements revealed under an oath. Medical records and notes of a doctor are typically requested during discovery.

In many states, to receive compensation for injuries caused by negligence, you must to prove four things: a duty of care owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages caused by the injury. If your lawyer can prove all of these elements, you will have an extremely strong case for financial compensation in a medical malpractice claim.

In certain instances, a court may award punitive damages, which are intended to penalize the wrongdoer and deter others from engaging in the same conduct. This is rare however, especially in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to award these extraordinary damages.