How to File a pasadena medical malpractice attorney Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body following gall bladder surgery could bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this obligation, corpus christi Medical malpractice Lawsuit direct cause and injury.

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

Cause of Injury

A claim for medical malpractice can be filed either by the victim or a legal representative. This could be the spouse or adult child, parent, guardian or administrator of an estate belonging to a deceased patient depending on the specific circumstances. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health care professional.

Expert testimony is often required in malpractice cases. Medical experts are required to testify as to whether the health care provider was acting in accordance with the standards of medical care within their specific field of expertise. They must also testify regarding the injury that was caused by the physician's actions or inactions.

Injury caused by negligence and negligence can be very serious. A misdiagnosis can have serious consequences, like the possibility of a life-threatening illness. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the physician and a breach of this obligation; a harm caused by the breach; and the resulting damages. In certain states, like New York, the law sets a limit on the amount of money that can be awarded for an action for corpus christi medical malpractice lawsuit malpractice.

Causation

The injury element, also referred to as causation is one of the most important aspects of a medical malpractice case. To prove causation, the plaintiff must prove that the injury was caused by a physician's negligence. This is a difficult task due to a variety of reasons.

A lot of the injuries that form the basis for a medical negligence suit result from long-term conditions or ongoing conditions which were present before treatment began. The time limit for medical malpractice cases can be extended over the course of several years, and injuries can develop slowly.

In these instances it is difficult to prove that a Corpus Christi Medical Malpractice Lawsuit professional's breached the standard of care and led to the injury is a challenge. However, the aggrieved patient could be able to make use of the evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is a part of the legal process for prepping for trial, your lawyer may request the disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is defending the lawsuit is then asked to give evidence during depositions, which are testimony under an oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide if the plaintiff has proven the facts of the case, including duty, breach and causation.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice in court, that it is likely that the physician violated the obligations of a physician and that those violations caused injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which includes requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for trial, are also a part of this procedure.

A doctor has violated their professional duty if they did something a reasonable and prudent doctor would not have done in the same circumstances. It must be proven that the breach resulted in injury directly to the patient. This is called causation or proxy causes. For instance, a patient goes to the hospital for a hernia surgery and is later told that he or his gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This varies from state to state. The victim must prove that the substandard care caused injury and then he or she must show how much compensation he or she is entitled to.

Damages

You should be compensated for any injuries you have suffered as a result of medical malpractice lawyer negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve the complaint and summons to all defendants named in the lawsuit. The parties then participate in discovery, a process in which documents and statements are made public under an oath. Medical records and doctor's notes are typically requested during discovery.

In most states, you must prove four things to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal link between the breach and the patient's injury and damages resulting from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you will have an impressive case.

In certain instances the court might give punitive damages which is intended to penalize a wrongdoer and discourage others from committing similar conduct. But, this isn't often the case in medical malpractice cases, because the courts require specific proof of malice to make these extraordinary awards.