How to File a medical malpractice lawyer Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, remain inside her body after gall bladder surgery may bring a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.

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

Causes of Injury

A medical malpractice claim may be filed by the injured person or a legal representative. This could be the spouse, adult child, parent, guardian or administrator of the estate of a deceased person, 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 professional.

Malpractice cases typically involve an abundance of expert testimony. Medical experts are required to be able to testify that the health care provider did what was required of care in their particular field of expertise. They also have to testify to the harm caused by the doctor’s actions or inactions.

Injuries resulting from malpractice and negligence can be quite severe. For example, a misdiagnosis of a health problem could have life-threatening consequences. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case 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 consequential damages. In some states such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element is also called the causation. It is one of most important aspects in a medical malpractice claim. To prove causation the plaintiff must prove that they sustained the injury on a balance of probabilities as a result of the negligence of the doctor. This can be a difficult job due to various reasons.

Many of the injuries that are the basis of a medical negligence lawsuit stem from chronic conditions that existed prior to when treatment began. Often, the statute of limitations for a medical malpractice claim extends out over a number of years and the injuries may develop slowly.

In these instances, proving that a medical professional's failure to adhere to the standard of care led to the injury is not easy. However, the patient who is afflicted could be able to use the evidence collected by the attorney, like medical records and expert testimony.

In the discovery process which is an element of the legal procedure for prepping for a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be required to take a deposition. This is a testimonies that is made under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the elements of the case including breach of duty, breach of contract and causation.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician violated professional duties and those violations caused injuries. The plaintiff's attorney has to be able to prove this by utilizing evidence collected during discovery. This includes soliciting documents, including medical records from all parties involved in a lawsuit. The process also involves sworn statements that are recorded and used at trial.

A doctor has violated their professional duty by doing something that a reasonable prudent physician 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 cause. For example the patient is admitted to the hospital for a hernia procedure and then has his or the gall bladder removed instead. This is allentown medical Malpractice attorney negligence because the removal did not benefit the patient.

Medical malpractice suits must be filed within a legal timeframe, also 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 establish what compensation they deserve.

Damages

You are entitled to compensation for Medical malpractice law Firm any injuries that you've suffered as a result of medical negligence. 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 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 oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, you have to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal relationship between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, then you've got an argument for financial recovery in a medical negligence claim.

In certain instances the court could award punitive damage that is designed to punish the perpetrator and discourage others from committing similar conduct. However, this is rare in medical malpractice cases, since courts require clear evidence of malice to give these extraordinary awards.