How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps inside her body following gall bladder surgery is able to bring a lawsuit against a doctor for medical malpractice. A successful claim must prove the elements of Manhattan Beach Medical Malpractice Law Firm malpractice: duty, deviance from the norm and direct reason.

It is essential for our clients to establish a direct causal connection between the breach of duty and the injury which is referred to as proximate cause.

Cause of Injury

A medical negligence case may be filed by the injured person or a person who is legally authorized to act on their behalf. Depending on the circumstances, this could be the spouse of the patient or an adult child parent, guardian ad litem, or the executor or administrator of the estate of the deceased patient. The plaintiff in a medical malpractice lawsuit is the health professional. This could be a nurse, doctor or therapist, or any other licensed health care professional.

Expert testimony is typically required in malpractice cases. Medical experts must be able to prove whether or not the health care provider was in compliance with the standard of care for their specific area. They must also testify to the harm caused by the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be quite severe. For instance, a misdiagnosis of a health issue could have life-threatening effects. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements of a malpractice claim which include a duty to the patient by the doctor; a breach of this obligation; a harm caused by the breach and the consequential 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 of the most crucial elements in medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This can be a difficult task due to a variety reasons.

For instance, a lot of injuries that are the basis of a la vergne medical malpractice lawsuit malpractice lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. The statute of limitations on a medical malpractice case can be extended over a period of time and the development of injuries can happen slowly.

In these instances it is often difficult to prove that a certain medical professional's failure to adhere to the standard of care led to the injury. The attorney may have gathered evidence, including medical records and expert testimony that the patient who was injured can utilize.

During the process of discovery that is part of the legal process prepping for a trial your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be required to give a deposition. This is a testimonies that is made under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice to show that it is likely that the doctor violated his or her duties as a doctor and that these actions led to injury. The plaintiff's lawyer must demonstrate this using evidence obtained during discovery. This involves the request of documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, in which the statements are made under oath and recorded for trial, are also a part of this procedure.

A doctor violated his or her professional duty when he/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 proximate causes. A patient could go to the hospital to have a hernia fixed, but end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a certain period, referred to as the statute of limitations. This differs from state to state. The person who has suffered injury must prove that the substandard care resulted in injury, and then he or she must prove the amount of financial compensation he or her deserves.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your losses.

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 statements are revealed under the oath. During discovery, medical records and notes from a doctor will usually be requested.

In most states, you must establish four elements to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the duty; a causal relationship between the breach and the injury suffered by the patient; and damages that flow from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you'll have an enviable case.

In some cases the court might make punitive damages a possibility that is designed to punish the perpetrator and discourage others from committing similar acts. However, this isn't the norm in medical malpractice cases, because the courts require precise proof of malice before they can make these extraordinary awards.