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 may bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal elements of oak ridge medical malpractice lawyer negligence: duty, deviance from this obligation, direct cause and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is referred to as proximate cause.

Cause of Injury

A claim for medical malpractice can be filed by the victim or an attorney. Based on the circumstances, this could be a spouse of the patient, an adult child or parent, a guardian ad-litem or executor or administrator of the estate of the patient who died. In a case of medical malpractice, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Malpractice cases usually require the testimony of experts. Medical experts must be able to prove whether or whether the health professional adhered to the standards of treatment for their particular field. They also have to testify about injuries caused by doctor's actions or inactions.

Injury caused by negligence and mistakes can be devastating. For example, a mistake in the diagnosis of a health condition can have life-threatening effects. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

To prove a malpractice case the patient must demonstrate four legal elements: a duty the doctor owed them; a breach of this duty, resulting injury and damages. In certain states like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The element of injury is called the causation. It is one of the most crucial aspects in a medical malpractice claim. To prove causation the plaintiff must show that they suffered their injury on the basis of probabilities because of the negligence of the doctor. This can be a challenging task due to a variety of reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit stem from long-term or ongoing conditions which were present before treatment began. The time limit for a medical malpractice case could be extended over a period of time and injuries can develop slowly.

In these instances the proof that a medical professional's violation of the standard of care and led to the injury can be difficult. The attorney could have collected evidence, such as medical records and expert testimony that the injured person may use.

In the discovery process which is an element of the legal procedure for preparation for a trial, your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit is then called to testify during depositions, which are testimony that is under the oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has proved the facts of the case, including duty, breach and causation.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and those breaches caused injury. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which involves the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath and recorded to be used at trial, are also a part of this process.

A doctor violated the professional duties of a doctor when he or she did something that a reasonable prudent doctor would not do in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is called causation or causal proximate causes. Patients may visit the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a certain period, referred to as the statute of limitations. This is different from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, and they must establish what compensation they're entitled to.

Damages

If Phenix city Medical Malpractice law firm negligence caused you to suffer a traumatic injury, you deserve to be made whole. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then proceed to discovery, a process 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, you need to prove four things in order to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can demonstrate all of these elements in a medical negligence claim, you'll have an enviable case.

In certain cases the court can make punitive damages available, which are intended to punish the wrongdoer and deter others from engaging in the same conduct. However, this is rare in medical malpractice cases since courts require specific proof of malice to make these extraordinary awards.