How to File a Medical Malpractice Case

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

It is vital for our clients to establish a direct link between the breach of duty and Westland medical malpractice attorney the harm, known as proximate causation.

Cause of Injury

A medical malpractice claim can be filed by the person who has been injured or a legal person to act on their behalf. Based on the circumstances, this may be the spouse of the patient, an adult child or parent, a guardian ad-litem or administrator or executor of the estate of the patient who died. The defendant in a medical malpractice suit is the health care provider. It could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify on whether or whether the healthcare provider adhered to the standards of treatment in their specific field. They also have to testify to the damage caused by the actions or inactions of a doctor.

The consequences of malpractice and negligence can be extremely serious. A mistake in diagnosis can have devastating consequences, like the possibility of a life-threatening illness. Other kinds of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the doctor; a breach of this obligation; an injury resulting by the breach; and the consequential damages. In certain states, such as New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element is called the causation. It is one of the most important aspects in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was the result of the doctor's negligence. This is a difficult job due to a variety of reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were already present prior to treatment. Often, the statute of limitations for a syracuse medical malpractice lawyer malpractice lawsuit extends over a number of years and the injuries may develop slowly.

In these cases it is often difficult to prove that a specific medical professional's breach of the standards of care caused the injury. However, the patient who is afflicted may be able to use the evidence collected by the attorney, including medical records and expert testimony.

During the discovery process, which is an integral part of the legal procedure getting ready for trial, your lawyer may ask for the disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the case will be required to take deposition. This is a declaration which is under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proven the necessary elements of their case including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice that it is more likely that the doctor acted in violation of his or her duties as a physician and that those mistakes led to injuries. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which includes seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. The process also involves the recording of sworn statements and used at trial.

A doctor breached his or her professional obligation if he or she did something that a prudent physician would not do in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For instance the patient is admitted to the hospital for a hernia operation and ends up having his or his gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

westland Medical Malpractice attorney - vimeo.com - malpractice lawsuits must be filed within a legal time frame, also known as the statute of limitations. This differs from state to state. The person who suffered the injury must prove that the substandard treatment caused injury, then they must prove what monetary compensation they are entitled to.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for westland medical Malpractice attorney your losses.

The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties then engage in discovery. This is a procedure which involves the disclosure of documents and statements made public under the oath. Medical records and the doctor's notes are typically requested during discovery.

In the majority of states, you have to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of the obligation; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can prove all these elements in a carson medical malpractice lawyer malpractice claim, you will have an impressive case.

In some instances courts may award punitive damages, which are designed to punish the offender and deter others from engaging in similar misconduct. This is rare however, in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to award these extraordinary damages.