How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body like surgical clamps, remains inside her body after gall bladder surgery may pursue a medical malpractice suit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

Our clients must establish a direct link between the breach of duty, and the injury. This is referred to as the proximate cause.

Cause of Injury

A medical malpractice claim can be filed by the injured patient or a person who is legally authorized to represent them. Depending on the circumstances it could be the spouse of the patient or an adult child parent, Little Elm Medical Malpractice Attorney guardian ad litem or the executor or administrator of the estate of the patient who died. The defendant in a medical malpractice lawsuit is the health professional. This could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts must testify as to whether or not the health care provider followed the standard of care in their specific field. They must also testify regarding the harm caused by the physician's actions or inactions.

Injuries caused by negligence and mistakes can be catastrophic. A mistake in diagnosis can have devastating consequences, including the possibility of a life-threatening illness. Other types of injuries include operating on the wrong body part or putting surgical instruments in the patient.

To establish a malpractice claim the patient must demonstrate four legal elements: a duty the doctor owed them; a breach in this duty; a subsequent injury; and damages. In certain states like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is one the most crucial elements in medical malpractice cases. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This can be a challenging task due to a variety of reasons.

A lot of the injuries that form the basis for a medical negligence lawsuit stem from long-term or ongoing issues that existed before treatment began. The time-limit for a medical malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these cases it is often difficult to prove that a particular medical professional's failure to adhere to the standard of care led to the injury. However, the patient who is afflicted may be able to use evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is a component of the legal process for preparing for trial, your lawyer will request disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the case will be asked to take deposition. This is a declaration that is given under an oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the necessary elements of their case such as duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury when filing a claim for oakwood medical malpractice attorney malpractice that it is more than likely that the physician violated the obligations of physician and that the violations caused injury. The plaintiff's lawyer must demonstrate this through evidence obtained during discovery. This involves requesting documents, including medical records from all parties involved in a lawsuit. Depositions, in which the statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor has breached their professional obligation when they did something that an ordinary prudent doctor would not have done in the same circumstances. It must be proven that the breach resulted in injury directly to the patient. This is known as causation or proxy causes. A patient might go to the hospital in order to repair a hernia, but end up having their gall bladder removed. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, called the statute of limitations, which varies according to the state. The victim must prove that the care provided was substandard and resulted in injury, and then show how much compensation they are entitled to.

Damages

If medical negligence has led you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties are involved in discovery. It is a process where documents and evidence are made public under the oath. During discovery, little elm Medical malpractice attorney records and notes from a doctor will usually be requested.

In most states, you have to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements, you will have an argument for financial compensation in a medical negligence claim.

In certain instances the court could award punitive damage which is intended to penalize a wrongdoer and discourage others from committing similar misconduct. However, this isn't the norm in north bend medical malpractice lawsuit malpractice cases as courts require clear evidence of malice to award these awe-inspiring awards.