How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps in her body following gall bladder surgery can bring a lawsuit against a doctor for medical negligence. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from the norm and direct reason.

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

Cause of Injury

A medical malpractice case can be filed by the injured patient or a person who is legally authorized to represent them. This can be the spouse, adult child, parent, guardian or administrator of the estate of a deceased patient, depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health care professional.

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

Injuries caused by negligence and malpractice can be severe. For instance, a wrong diagnosis of a health problem could have life-threatening effects. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to establish a malpractice claim the patient must prove four legal elements: a duty that the doctor owed to them; a breach of this duty; a resultant injury and damages. In certain states, such as New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also known as causation is one of the most important elements of a medical malpractice case. To establish causation, the plaintiff must prove that the injury was caused by a physician's negligence. This can be a challenging task for a number of reasons.

Many injuries that are the basis for medical negligence lawsuits result from long-term or ongoing conditions which were present before treatment started. Often the statute of limitations for a medical malpractice lawsuit extends out over a number of years, and the injuries may develop slowly.

In these instances it is difficult to prove that a medical professional's failure to adhere to the standard of care that led to the injury can be difficult. However, the patient who was hurt might be able use the evidence gathered by the attorney, like Hope medical malpractice lawyer records and expert testimony.

During the discovery process, which is a component of the legal procedure prepping for trial, your lawyer can ask for the disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor who is representing the case will be required to testify in a deposition. This is a testimony that is made under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the essential elements of their case including breach of duty, causation, breach of duty and injury.

Negligence

When a cerritos medical malpractice attorney malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that the breached duties caused injury. The plaintiff's attorney has to demonstrate this using evidence obtained during discovery. This includes the request of documents, including medical records, from all parties involved in the lawsuit. Depositions, in which the statements are made under oath, and recorded to be used at trial, are also a part of this process.

A doctor has violated their professional duty by doing something that reasonable and prudent doctors would not have done under similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is known as causation or proximate causes. For example an individual goes to the hospital for a procedure to treat a hernia and is then able to have his or her gall bladder removed instead. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal time limit, known as the statute of limitations. This differs from state-to-state. The victim must show that the inadequate treatment caused injury, then they must show what compensation they're entitled to.

Damages

You should be compensated for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete 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 participate in discovery. This is a process where documents and statements are made public under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, you have to establish four elements to be compensated for injuries caused by socorro medical malpractice lawyer malpractice which includes a duty to the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you will have a convincing case.

In some cases the court could decide to award punitive damages, which is meant to punish the perpetrator and deter others from engaging in similar crimes. This is rare, however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.