How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body following gall bladder surgery could make a claim for medical negligence. A successful claim has to prove the elements of medical malpractice: duty, deviation from the norm 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 cause.

Cause of Injury

A medical malpractice claim can be filed by the injured person or a person legally designated to act on their behalf. Based on the specific circumstances, it could be the spouse of the patient, an adult child or parent, a guardian ad litem or the executor or administrator of the estate of the deceased patient. In a case of medical malpractice the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is typically required in malpractice cases. Medical experts must provide evidence to prove that the doctor was acting in accordance with the standards of medical care within their specific area of expertise. They must also testify regarding the harm caused by the physician's actions or inactions.

Injuries that result from malpractice or negligence can be very serious. An incorrect diagnosis can lead to serious consequences, such as life-threatening conditions. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the physician and a breach of this obligation; a harm caused by the breach; and the resulting damages. In certain states, such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element is known as the causation. It is one of most important elements in a medical malpractice claim. To establish causation, the plaintiff must prove that they suffered their injury based on a balance of probabilities due to due to the negligence of the doctor. This can be a difficult task due to several reasons.

For instance, many of the injuries that are the subject of a rock hill Medical malpractice law firm-malpractice lawsuit are the result of long-term or ongoing illnesses that were present prior to the time of treatment. The time limit for a medical malpractice lawsuit can be extended over several years and the development of injuries can happen slowly.

In these instances it can be difficult to prove that a certain medical professional's breach of standards of care caused the injury. The attorney could have gathered evidence, like expert testimony and medical records that the injured person can utilize.

During the discovery process, which is a part of the legal process for preparation for trial, your lawyer could ask for the disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is defending the lawsuit will be called to testify during deposition, which is testimony given under an oath. Your lawyer is able to cross-examine doctor and challenge their findings. The jury will decide whether the plaintiff has substantiated the elements of the case which include breach of duty, breach and causation.

Negligence

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

A doctor has breached their professional obligation if they did something a reasonable and prudent doctor would not have done in the same circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate cause. A patient may go to the hospital in order to repair a hernia and instead, have their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, also known as the statute of limitations, that varies from state to state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then show how much compensation they are entitled to.

Damages

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

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties are involved in discovery. This is which involves the disclosure of documents and statements revealed under oath. During discovery medical records and notes from a doctor are usually requested.

In most states, you need to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can prove all these aspects of a medical negligence claim, you'll have a convincing case.

In some cases the court can make punitive damages a possibility that is designed to punish the perpetrator and deter others from engaging in similar acts. This is not the norm however, especially in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.