How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body like surgical clamps, is still inside her body after gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from the norm and direct reason.

It is crucial for our clients to establish a direct relationship between the breach of duty and the injury, known as proximate causation.

Cause of Injury

A medical malpractice claim may be filed by the person who was injured or a legal representative. Depending on the circumstances this may be the spouse of the patient or an adult child, parent, a guardian ad litem, or the administrator or executor of the estate of the deceased patient. In a medical malpractice case the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. warrenton Medical malpractice Law firm experts must testify as to whether or not the health care provider was in compliance with the standard of care in their specific field. They must also testify to the harm caused by the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be quite severe. A mistake in diagnosis can have devastating consequences, including a life-threatening condition. Other types of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim that include a duty owed to the patient by the physician and a breach of this duty; an injury caused by the breach and the resulting damages. In some states, like New York, the law puts a limit on amount of money that could be awarded in the malpractice claim.

Causation

The injury element, also referred to as causation, is among the most crucial elements in morganton medical malpractice lawsuit malpractice cases. To prove causation the plaintiff must demonstrate that they sustained their injury based on a balance of probabilities because due to the negligence of the doctor. This can be a difficult task for several reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from long-term conditions or ongoing conditions that existed prior to when treatment began. Often the statute of limitations for a medical negligence claim extends out over a number of years, and the injuries may develop slowly.

In these instances it is often difficult to prove that one particular medical professional's breach of the standard of care led to the injury. However, the aggrieved patient could be able to make use of the evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is part of the legal procedure for prepping for trial, your lawyer may request the disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is defending the lawsuit is then required to testify in a deposition, which is testimony under an oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide whether the plaintiff has substantiated the facts of the case, including duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician breached his or her professional duties and those breached duties caused harm. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which entails requesting disclosure of documents including summit medical malpractice attorney records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also a part of this procedure.

A doctor violated his or her professional obligations in the event that he or her did something that a prudent physician would not do in similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is called causation or proximate causes. For example an individual goes to the hospital for a hernia operation and is later told that he or his gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined time frame, known as the statute of limitations which varies by state. The person who suffered the injury must prove that the substandard treatment caused injury, and they must show what compensation they're entitled to.

Damages

You should be compensated for any injuries that you've suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then begin discovery, a process in which documents and statements are disclosed under an oath. During discovery, medical records and doctor's notes will typically be sought.

In most states, in order to get compensation for injuries caused by negligence, you must to establish four elements: a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages that result from the injury. If your attorney can establish all of these elements, you will have an argument for financial recovery in a claim for medical malpractice.

In some instances, the court may make punitive damages a possibility, which is meant to penalize a wrongdoer and discourage others from committing similar misconduct. It is not common however, in medical malpractice cases. The courts must have clear evidence of malice before they are able to decide to award these extraordinary damages.