How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps inside her body following gall bladder surgery can sue for medical malpractice. A successful lawsuit must establish the elements of medical negligence: duty, deviation from this duty and direct cause.

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

The reason for injury

A claim for medical malpractice can be filed either by the victim or an attorney. Based on the circumstances, it could be the spouse of the patient, an adult child or parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. The plaintiff in a suit for medical negligence is the health care provider. This could be an accredited doctor, nurse or therapist.

The majority of cases involving malpractice involve a lot of expert testimony. Medical experts must provide evidence to prove that the paso robles medical malpractice law firm professional performed his duties in accordance with the standard of care in their special area of expertise. They must also testify as to the harm caused by the doctor’s actions or inactions.

Injuries that result from malpractice or negligence can be very severe. For instance, a wrong diagnosis of a health issue could cause life-threatening complications. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

In order to establish a malpractice case the patient must prove four legal elements: a duty the physician owed to them; a breach in the breach; a resulting injury; and damages. In some states such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element, also known as causation, is among the most crucial elements in a marion medical malpractice law firm malpractice case. To establish causation, the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a difficult job due to various reasons.

A lot of the injuries that form the basis for medical negligence lawsuits result from chronic issues that existed before treatment began. The time-limit for a medical malpractice lawsuit can be extended over several years and injuries can develop slowly.

In these cases it can be difficult to prove that one particular medical professional's violation of the standard of care caused the injury. However, the person who was harmed could be able to make use of evidence collected by the attorney, like medical records and expert testimony.

During the discovery procedure as part of the legal process for preparation for a trial, your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be asked to appear in a deposition. This is a declaration that is made under an oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will then decide if the plaintiff has proved the essential elements of their case including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice in court, that it is more likely that the doctor acted in violation of the obligations of a doctor and that these violations caused injury. The plaintiff's lawyer must be able to prove this by utilizing evidence gathered during pretrial discovery. This includes soliciting documents, including medical records and other records from all parties in the lawsuit. The process also involves sworn statements that are recorded and used at trial.

A doctor has violated their professional obligation by doing something that reasonable and prudent doctors would not have done in the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is called causation or proxy causes. A patient could visit the hospital to have a hernia repaired, Vimeo however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, referred to as the statute of limitations, which is different for each state. The victim must demonstrate that the treatment was substandard and caused injury, and they must show what compensation they deserve.

Damages

If medical negligence has led you to suffer injury, you should be compensated. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties engage in discovery. This is a procedure where documents and evidence are made public under an oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, you must prove four things in order to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal link between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all of these elements, you can make a an extremely strong case for financial compensation in a medical malpractice claim.

In some instances the court might make punitive damages a possibility, which is meant to punish a wrongdoer, and deter others from engaging in similar misconduct. However, this is rare in medical malpractice cases as courts require evident proof of malice in order to give these extraordinary awards.