How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, remains inside her body after gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is known as the proximate reason.

Causes of Injury

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

Malpractice cases typically involve the testimony of experts. Medical experts are required to testify as to whether the doctor performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify to the harm that was caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be very serious. For instance, a misdiagnosis of a health issue could have life-threatening effects. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach and firms the resulting damages. In certain states, like New York, the law restricts the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, jersey village medical malpractice law firm is one of the most crucial elements in medical malpractice cases. To prove causation, a plaintiff must demonstrate that they sustained the injury based on a balance of probabilities due to of the physician's negligence. This can be a difficult job due to various reasons.

Many injuries that are the basis of a medical negligence lawsuit stem from chronic conditions which were present before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends over a number of years, and the injuries can develop gradually.

In these instances it is often difficult to prove that a certain darlington medical malpractice lawsuit professional's breach of standards of care caused the injury. However, the person who was harmed could be able to make use of the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer can seek disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is representing the case will be required to testify in a deposition. This is a declaration that is given under oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will then decide whether the plaintiff has established the essential elements of their case such as the duty of care, breach, causation and injury.

Negligence

When a texarkana medical malpractice attorney negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician did not perform his or her professional obligations and that those breaches resulted in harm. The lawyer representing the plaintiff must show this through evidence gathered through pretrial discovery, which includes seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath, and recorded for trial, are also a part of this procedure.

A doctor was in breach of his or her professional duty when he or she did something that a reasonable prudent physician would not do in the same circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia procedure and ends up having his or his gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legal timeframe, also known as the statute of limitations. This differs from state to state. The person who has suffered injury must prove that the substandard care caused injury, and then demonstrate the amount of compensation he or she deserves.

Damages

You deserve to be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then proceed to discovery, in which documents and statements are made public under an oath. During discovery, medical records and doctor's notes will typically be sought.

In the majority of states, you have to demonstrate four elements in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of that duty; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can demonstrate all of these elements in a medical negligence claim, you'll have a convincing case.

In certain instances the court can give punitive damages, which are intended to penalize the culprit and deter others from engaging in similar misconduct. This isn't often, however, in medical malpractice cases. The courts must have very clear evidence of malice before they are able to make these extraordinary awards.