How to File a Medical Malpractice Case

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

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

The reason for injury

A medical malpractice claim can be filed by the injured person or a legal representative. This can be the spouse or adult child guardian, parent or administrator of the estate of a deceased person, depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

Malpractice cases usually require an abundance of expert testimony. Medical experts must be able to prove whether or not the health care provider adhered to the standards of care for their specific area. They must also testify as to the harm resulting from the actions or inactions of the doctor.

Accidents caused by negligence or mistakes can be devastating. A misdiagnosis can have serious consequences, such as life-threatening conditions. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice claim that include a duty owed to the patient by the physician and a breach of that duty; an injury caused by the breach and the consequential damages. In some states, like New York, the law restricts the amount of money that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most crucial elements in medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This is a difficult task due to a variety reasons.

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit arise from long-term or ongoing conditions that were already in the process of being treated prior to. The time-limit for a medical malpractice lawsuit can be extended over the course of several years and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's failure to adhere to the standard of care and led to the injury is not easy. The attorney may have gathered evidence, like medical records and expert testimony, that the injured patient can utilize.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer may ask for the disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is representing the case will be asked to give deposition. This is a testimonies that's given under oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide if the plaintiff has proven all the elements of the case including breach of duty and causation.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and that the breached duties caused injuries. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. This process also involves sworn statements that are recorded and used in trial.

A doctor breached his or her professional obligations when he/she did something that a reasonably prudent physician would not do under the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is referred to as causation or proxy causes. For instance, a patient goes to the hospital for a procedure to treat a hernia and Vimeo.Com is later told that he or her gall bladder removed instead. This is lehi medical malpractice lawyer malpractice as the removal of the gall bladder was not beneficial to the patient.

mayville medical malpractice law firm malpractice suits must be filed within a specific legal timeframe, also known as the statute of limitations. This is different from state to state. The injured patient has to prove that the substandard treatment caused injury, then they must establish what compensation they deserve.

Damages

If a medical error has caused you to suffer a traumatic injury, you have the right to be compensated. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then engage in discovery, a process in which documents and statements are made public under oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, in order to get compensation for injuries caused through malpractice, you need to establish four elements such as a duty of care owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages that result from the injury. If your lawyer can prove all these elements of a medical negligence claim, you'll have a strong case.

In certain instances the court can give punitive damages, which are designed to punish the perpetrator and discourage others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases as courts require clear evidence of malice to make these extraordinary awards.