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 is able to file a lawsuit for medical malpractice. A successful claim has to prove the elements of medical malpractice: duty, deviation from this duty and direct reason.

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

Cause of Injury

A kennett medical malpractice attorney malpractice case can be filed by the person who has been injured or by a person legally appointed to represent them. This could be the spouse, adult child parent, guardian, or administrator of the estate of a deceased person depending on the specific circumstances. The plaintiff in a lawsuit for medical malpractice is the health professional. This could be a nurse, doctor, therapist or any other licensed health care professional.

Expert testimony is usually required in cases of malpractice. phoenixville medical malpractice law firm experts are required to testify on whether or whether the healthcare provider adhered to the standards of treatment for their particular area of expertise. They must also testify as to the harm resulting from the doctor’s actions or inactions.

Injuries caused by negligence and negligence can be very serious. A misdiagnosis could have grave consequences, such as a life-threatening condition. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice lawsuit which include a duty to the patient by the doctor and a breach of this duty; injury caused by the breach and the consequential damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one of the most important elements in medical malpractice cases. To prove causation, the plaintiff must prove that their injury was caused by the physician's negligence. This can be a difficult task for a number of reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit stem from long-term or ongoing conditions that were already present prior to the time of treatment. The time limit for a medical malpractice lawsuit can be extended over a period of time and injuries can develop slowly.

In these cases it can be difficult to prove that a particular medical professional's breach of standard of care led to the injury. The attorney may have gathered evidence, like expert testimony and medical records which the injured patient may use.

During the discovery process, which is a component of the legal procedure preparing for trial, your lawyer will seek disclosure of expert testimony and other evidence from defendants' attorneys. The doctor who is defending the case will be asked to take a deposition. This is a testimony which is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proved the essential elements of their case including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice in court, that it is more likely that the doctor did not fulfill his or her duties as a doctor and that these actions led to injury. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as wentzville medical Malpractice lawyer records from all parties involved in the lawsuit. The process also involves sworn statements that are recorded and used at trial.

A doctor has violated their professional obligation in the event that they did something a reasonable prudent physician would not have done under similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is known as causation or proximate cause. For instance an individual goes to the hospital for a hernia surgery and then has his or the gall bladder removed instead. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, called the statute of limitations which is different for each state. The person who has suffered injury must prove that the negligent care caused injury and then he or she must prove how much monetary compensation they are entitled to.

Damages

If medical negligence has caused you to suffer a traumatic injury, you deserve to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

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

In most states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements such as a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury and damages caused by the injury. If your attorney can establish all of these elements, you can make a an argument for financial recovery in a medical malpractice case.

In some cases the court can make punitive damages available, which are intended to penalize the wrongdoer and deter others from engaging in similar misconduct. This is rare however, particularly in medical malpractice cases. The courts must be able to prove evidence of malice before they can make these extraordinary awards.