How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her, such as surgical clamps, remains in her body after gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful claim has to prove the elements of medical malpractice: duty, deviance from this duty and the direct cause.

It is vital for our clients to establish a direct connection between the breach of duty and the injury which is referred to as proximate cause.

The reason for Lawyers injury

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

Expert testimony is usually required in cases of malpractice. Medical experts must determine if the medical professional was acting in accordance with the standards of care in his or her specific field of expertise. They must also testify regarding injuries caused by physician's actions or actions or.

Injury caused by negligence and malpractice can be severe. A mistake in diagnosis can have devastating consequences, like a life-threatening condition. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice lawsuit: a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach and the consequential damages. In certain states, such as New York, the law sets a limit on the amount of money that can be awarded for the malpractice claim.

Causation

The injury element, also known as causation, is one of the most important elements of a corpus christi medical malpractice law firm malpractice case. To prove causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This is a challenging job due to various reasons.

Many of the injuries that form the basis of a medical negligence lawsuit stem from long-term illnesses or conditions that existed prior to when treatment started. The time-limit for medical malpractice cases can be extended for a number of years and the development of injuries can happen slowly.

In these instances, it is difficult to prove that a particular medical professional's violation of the standards of care caused the injury. The attorney may have gathered evidence, like medical records and expert testimony which the injured patient could use.

During the discovery process, which is a component of the legal process for preparation for trial, your lawyer can ask for the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is defending the case will be asked to appear in a deposition. This is a declaration which is under an oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will then decide whether the plaintiff has proved the necessary elements of their case including obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice that it is more than likely that the physician violated his or her duties as a doctor and that these violations caused injury. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. This process also involves sworn statements that are recorded and used in trial.

A doctor has breached their professional obligation if they did something reasonable and prudent doctors would not have done under similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or the proximate cause. For example when a patient is taken to the hospital for a hernia operation and then has his or the gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within the legal period, referred to as the statute of limitations. This differs from state to state. The patient who is injured must prove that the substandard care caused injury and then show how much compensation he or she is entitled to.

Damages

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

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then participate in discovery, a procedure in which documents and declarations are made public under the oath. During discovery, medical records and doctor's notes are usually requested.

In most states, to be eligible for compensation for injuries incurred through malpractice, you need to prove four things including a duty of good faith that is due to 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 lawyer can prove all of these elements, you will have an argument for financial recovery in a medical negligence claim.

In some cases the court can give punitive damages, which are intended to punish the culprit and deter others from engaging in the same conduct. This is rare, however, in medical malpractice cases. The courts must have very clear evidence of malice before they are able to make these extraordinary awards.