How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body like surgical clamps, remains in her body following gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of st pete beach medical malpractice law firm malpractice: duty, deviance from this duty and the direct cause.

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

Causes of Injury

A medical negligence case may be filed by the person who has been injured or by a person legally appointed to act on their behalf. This can be the spouse or adult child guardian, parent or administrator of the estate of a deceased person, depending on the circumstances. The plaintiff in a suit for medical negligence is the health professional. It could be an accredited doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to be able to testify that the medical professional was acting in accordance with the standards of care in his or her particular field of expertise. They must also testify as to the harm caused by the doctor's actions or inactions.

The consequences of malpractice and negligence can be very serious. For instance, a misdiagnosis of a health problem could have life-threatening consequences. Other kinds of injuries 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 claim: a duty owed to the patient by the physician; a breach of this obligation; a harm caused by the breach; and resulting damages. In certain states, like New York, the law sets a limit on the amount of money that can be awarded in the malpractice claim.

Causation

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

For example, many injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing illnesses that were present prior to the time of treatment. Often, the statute of limitations for a medical negligence claim extends over a variety of years, and injuries may develop slowly.

In these instances, proving that a medical professional's violation of the standard of care led to the injury is not easy. The attorney could have collected evidence, including expert testimony and medical records that the patient who was injured could use.

In the discovery process which is an element of the legal process for preparing for a trial, your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is representing the case will be required to take deposition. This is a statement which is under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their claim, which includes the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice to show that it is more likely that the doctor acted in violation of his or her duties as medical professional and that these breaches resulted in injury. The lawyer for the plaintiff must show this through evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, Vimeo.Com and recorded for use at trial, are also a part of this procedure.

A doctor has breached their professional duty when they did something that an ordinary prudent doctor would not have done under the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia procedure and is then able to have his or his gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated time frame, known as the statute of limitations, that varies from state to state. The person who has suffered injury must prove that the substandard care caused injury and then show how much compensation he or she deserves.

Damages

If medical negligence caused you to suffer injury, you are entitled 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 as well as summons and other documents on all defendants. The parties are involved in discovery. This is a process in which documents and declarations are revealed under an oath. During discovery, medical records and doctor's notes will typically be sought.

In the majority of states, you need to prove four things to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can establish all of these elements, you will have an argument for financial recovery in a medical malpractice claim.

In some cases, a court may give punitive damages, which are intended to penalize the wrongdoer and deter others from engaging in similar conduct. This isn't often however, in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to award these extraordinary damages.