How to File a Medical Malpractice Case

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

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

Cause of Injury

A medical malpractice lawyer [vimeo.com] malpractice claim can be filed either by the person who suffered the injury or an attorney. Based on the specific circumstances, this could be a spouse of the patient or an adult child, parent, guardian ad litem or the executor or administrator of the estate of the deceased patient. In a case of medical malpractice the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

The majority of cases involving malpractice involve many expert witnesses. Medical experts must testify as to whether the doctor acted within the standard of medical care within their particular field of expertise. They also have to testify to the harm resulting from the doctor's actions or inactions.

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

To prove a malpractice case, the patient must prove four legal elements: a duty the physician owed to them; a breach of this duty; a resultant injury; and damages. In certain states, like New York, the law places a limit on the amount that can be awarded in a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most important elements in a medical malpractice case. To establish causation the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a difficult task for a number of reasons.

Many injuries that are the basis of a medical negligence suit result from long-term or ongoing issues that existed before treatment started. Often the statute of limitation for a medical negligence claim extends over a variety of years, and injuries can develop gradually.

In these cases it is difficult to prove that a medical malpractice lawsuit professional's failure to adhere to the standard of care and led to the injury is difficult. The attorney could have gathered evidence, including medical records and expert testimony that the patient who was injured can utilize.

During the discovery process, which is a part of the legal procedure preparation for trial, medical malpractice lawyer your lawyer will ask for the disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the case will be asked to give a deposition. This is a testimony that is made under the oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will decide then if the plaintiff has proven the essential elements of their case such as duty, breach, causation and injury.

Negligence

If a claim for medical malpractice 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 those breached duties caused injuries. The plaintiff's lawyer must demonstrate this using evidence gathered during discovery. This involves seeking documents, such as medical records and other records from all parties in the lawsuit. Depositions, where statements are made under oath, and recorded for use at trial, are also a part of this process.

A doctor has violated the professional duties of a doctor in the event that he or her did something that a prudent physician would not do under similar circumstances. However it must be established that the breach directly caused the injury to the patient. This is referred to as causation, or proximate causes. A patient could visit a hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal timeframe, also known as the statute of limitations. This varies from state to state. The patient who is injured must prove that the care provided was substandard and caused injury, and then prove how much monetary compensation he or she is entitled to.

Damages

If medical negligence caused you to sustain an injury, you deserve to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties engage in discovery. This is a process where documents and statements are revealed under an oath. During discovery, medical records and doctor's notes are typically requested.

In most states, to receive compensation for injuries sustained by malpractice, you need to establish four elements such as a duty of care that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and injury and damages caused by the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you will have a strong case.

In some cases, the court may decide to award punitive damages, which is meant to punish a wrongdoer, and deter others from engaging in similar acts. But, this isn't often the case in medical malpractice cases as the courts require extremely clear evidence of malice to give these extraordinary awards.