How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps in her body following gall bladder surgery may sue for medical negligence. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

It is essential for New Hyde park medical malpractice lawyer our clients to establish a direct link between the breach of duty and the damage called proximate causation.

Cause of Injury

A medical negligence case may be filed by the injured patient or a person legally designated to act on their behalf. Depending on the circumstances this may be the spouse of the patient, an adult child or parent, a guardian ad litem, or the executor or administrator of the estate of the patient who died. The plaintiff in a suit for bexley medical malpractice law firm negligence is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

Expert testimony is often required in malpractice cases. Medical experts must determine if the health care provider was acting in accordance with the standards of care in their special area of expertise. They must also testify about the harm caused by the doctor's actions or actions or.

The consequences of negligence and malpractice can be severe. A misdiagnosis could have grave consequences, including the possibility of a life-threatening illness. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice claim: a duty owed to the patient by the doctor; a breach of this duty; an injury caused by the breach; and resulting damages. In certain states, such as New York, the law restricts the amount that can be awarded in the malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements of a medical malpractice case. To prove causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This can be a difficult job due to a variety of reasons.

For instance, many injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already present before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends over a variety of years and the injuries may develop slowly.

In these instances it is difficult to prove that a medical professional's breach of the standard of care that led to the injury is not easy. The attorney could have collected evidence, such as expert testimony and medical records that the patient who was injured can utilize.

During the process of discovery as part of the legal process for the preparation of a trial your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be asked to testify in deposition. This is a testimony that is given under the oath. Your lawyer may challenge the doctor's findings and oakdale medical Malpractice Law Firm cross-examine them. The jury will then decide whether the plaintiff has proven the necessary elements of their case including the duty of care, breach, causation and injury.

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 those breaches caused injury. The plaintiff's attorney has to be able to prove this by utilizing evidence obtained during discovery. This involves requesting documents, including Edcouch medical malpractice attorney records, from all parties involved in the lawsuit. This process also involves the recording of sworn statements and used at trial.

A doctor was in breach of his or her professional obligation when he/she did something that a prudent doctor would not do under the same circumstances. It must be proved that the breach caused the injury directly to the patient. This is known as causation or proximate causes. A patient might go to the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, also known as the statute of limitations, which varies by state. The injured patient must establish that the negligent care caused injury, and then he or she must prove how much monetary compensation he or she deserves.

Damages

If medical negligence has caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your losses.

The first step is filing and serving a complaint and summons on all defendants named in the lawsuit. The parties participate in discovery. This is a procedure in which documents and declarations are presented under oath. Medical records and the notes of the doctor are usually requested during discovery.

In the majority of states, you must prove four things to be compensated for injuries incurred 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 as well as damages that result from the injury. If your lawyer can prove all these elements in a medical negligence claim, you'll have a convincing case.

In certain cases courts may award punitive damages, which are intended to punish the offender and deter others from engaging in the same conduct. However, this is not the norm in medical malpractice cases, because the courts require specific proof of malice to award these extraordinary awards.