How to File a Medical Malpractice Case

A patient who discovers a foreign object like surgical clamps, remains inside her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must prove the elements of medical malpractice: duty, deviation from this duty and direct reason.

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

Cause of Injury

A medical malpractice lawsuit can be filed by the injured person or a legal person to represent them. This could be the spouse, adult child, parent, guardian or administrator of a deceased patient's estate, 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.

The majority of cases involving malpractice involve many expert witnesses. Medical experts must be able to testify that the medical professional did what was required of treatment in their specific area of expertise. They also have to testify about the injury caused by the physician's actions or actions or.

The injuries that result from malpractice and negligence can be quite severe. For example, a mistake in the diagnosis of a health problem could have life-threatening effects. Other types of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

In order to prove a malpractice claim the patient has to prove four legal elements: a duty the doctor owed to them; a breach of this duty; a subsequent injury and damages. In some states, such as New York, the law restricts the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important aspects of a medical malpractice case. To prove causation, a plaintiff must prove that they sustained their injury on the basis of probabilities due to of the negligence of the doctor. This is a difficult task due to a variety of reasons.

Many injuries that are the basis for medical negligence lawsuits result from chronic conditions that existed prior to when treatment began. Often the statute of limitations for a claim involving medical malpractice extends over a number of years, and the injuries can develop gradually.

In these instances the proof that a medical professional's violation of the standard of care which led to the injury is a challenge. The attorney may have collected evidence, like medical malpractice attorney records and expert testimony, that the injured patient can use.

During the process of discovery which is an element of the legal process the preparation of a trial your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will then be required to testify in deposition, which is testimony that is under an oath. Your lawyer can cross-examine the doctor and challenge their conclusions. The jury will decide if the plaintiff has proven the elements of the case which include breach of duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and that those breaches caused harm. The attorney representing the plaintiff must demonstrate this through evidence collected during discovery. This includes requesting documents, including medical malpractice lawyer records, from all parties involved in the lawsuit. The process also involves swearing statements that are recorded and used in trial.

A doctor breached his or her professional obligation when he/she did something that a prudent physician would not do under the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. For example when a patient is taken to the hospital for a procedure to treat a hernia and is later told that he or her gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally regulated time frame, known as the statute of limitations, that varies from state to state. The patient who is injured must prove that the care provided was substandard and caused injury and then he or she must prove how much monetary compensation he or she deserves.

Damages

You should be compensated for any injuries you've suffered as a result of Salinas Medical Malpractice Law Firm; Vimeo.Com, negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then engage in discovery. This is a procedure in which documents and declarations are presented under oath. Medical records and the notes of the doctor salinas medical malpractice law Firm are typically sought during discovery.

In the majority of states, to get compensation for injuries caused by malpractice, you need to establish four elements including a duty of good faith that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and salinas Medical malpractice Law firm injury; and damages that result from the injury. If your lawyer can prove all of these elements, you can make a a strong case for financial recovery in a medical malpractice claim.

In certain instances the court can decide to award punitive damages. These are intended to penalize the culprit and deter others from committing the same offense. It is not common 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.