How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps within her body following gall bladder surgery may file a lawsuit for medical negligence. A successful claim must prove the elements of medical negligence: duty, deviation from this duty and direct reason.

It is crucial for our clients to establish a direct link between the breach of duty and the harm called proximate causation.

Causes of Injury

A prescott valley medical malpractice lawyer malpractice claim can be filed by the person who was injured or an attorney. This could be a spouse, adult child, parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. In a medical malpractice case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify on whether or whether the health professional was in compliance with the standard of care for their particular area of expertise. They must also testify to the harm caused by the actions or inactions of a doctor.

Injuries caused by negligence and mistakes can be catastrophic. A misdiagnosis could have grave consequences, including a life-threatening condition. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the physician and a breach of this duty; injury caused by the breach; and the consequential damages. In certain 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 one of the most important elements in medical malpractice cases. To prove causation the plaintiff must prove that they suffered an injury based on a balance of probabilities due to due to the negligence of the doctor. This is a difficult task due to a variety of reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit result from chronic conditions which were present before treatment began. The time-limit for medical malpractice cases can be extended over several years and injuries may develop slowly.

In these instances it is difficult to prove that a jersey village medical malpractice Lawyer professional's failure to adhere to the standard of care led to the injury is a challenge. The attorney could have gathered evidence, including medical records and expert testimony that the patient who was injured can use.

During the discovery process, which is a part of the legal procedure preparation for trial, your lawyer may request the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is representing the case will be asked to appear in deposition. This is a testimony that is given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established that the allegations of the case are true, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice, that it is likely that the doctor violated the obligations of medical professional and that these breaches resulted in injury. The plaintiff's lawyer must demonstrate this through evidence collected during discovery. This includes seeking documents, such as medical records, from all parties involved in a lawsuit. Depositions, in which statements are made under oath, and recorded for use at trial, are also part of this procedure.

A doctor was in breach of his or her professional obligations when he or she did something that a prudent physician would not do in similar circumstances. It must be proved that the breach resulted in injury directly to the patient. This is referred to as causation, or proxy causes. Patients may go to the hospital in order to repair a hernia and instead, have their gall bladder removed. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed time frame, known as the statute of limitations, which varies by state. The victim must demonstrate that the treatment was substandard and caused injury, and then they must prove what monetary compensation they're entitled to.

Damages

If medical negligence has caused you to suffer injury, you should be compensated. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your loss.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties participate in discovery. It is a process which involves the disclosure of documents and statements revealed under oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, to get compensation for injuries caused by malpractice, you have to prove four things: a duty of care owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages caused by the injury. If your attorney can establish all of these elements, you have a strong case for financial compensation in a claim for medical malpractice.

In certain instances the court could decide to award punitive damages which is intended to penalize a wrongdoer and discourage others from committing similar misconduct. However, this is rare in medical malpractice cases since courts require clear evidence of malice to give these extraordinary awards.