How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps inside her body after gall bladder surgery could bring a lawsuit against a doctor for medical malpractice. A successful claim must prove the elements of medical malpractice: duty, deviance from the norm and direct cause.

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

Cause of Injury

A amarillo medical malpractice Lawyer malpractice lawsuit can be filed by the victim or a legal representative. Depending on the circumstances, it could be the spouse of the patient or an adult child parent, guardian ad litem, or the administrator or executor of the estate of the patient who died. In a medical malpractice case, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is often required in cases of malpractice. Medical experts are required to be able to testify that the springdale medical malpractice attorney professional acted within the standard of care in his or her specific field of expertise. They must also testify regarding the harm caused by the doctor's actions or actions or.

Injuries resulting from malpractice and negligence can be extremely serious. For instance, a misdiagnosis of a health condition can result in life-threatening consequences. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice lawsuit: a duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach; and the resulting damages. In certain states, such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is among the most important aspects of medical malpractice cases. To prove causation, a plaintiff must show that they suffered their injury on the balance of probabilities as a result of the negligence of a physician. This can be a challenging task due to a variety reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing illnesses that were in the process of being treated prior to. The time-limit for a medical malpractice case could be extended over several years and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's breached the standard of care led to the injury is difficult. The attorney could have collected evidence, including expert testimony and medical malpractice attorney records that the injured person could use.

During the discovery process as part of the legal process prepping for a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will be called to testify during deposition, which is the testimony under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case including breach of duty, breach of contract and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the physician breached his or her professional duties and those breaches caused harm. The plaintiff's lawyer must be able to prove this by utilizing evidence gathered during discovery. This includes requesting documents, including medical records as well as other documents from all parties in a lawsuit. This also includes swearing statements that are recorded and used at trial.

A doctor has violated their professional duty in the event that they did something a reasonable prudent physician would not have done in similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate cause. For example an individual goes to the hospital for a hernia operation and is then able to have his or the gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within a certain time frame, also known as the statute of limitations. This differs from state-to-state. The injured patient must establish that the care provided was substandard and Amarillo Medical malpractice Lawyer caused injury, and then prove how much monetary compensation he or she is entitled to.

Damages

If medical negligence has caused you to suffer an injury, you have the right to be compensated. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties are involved in discovery. It is a process which involves the disclosure of documents and statements revealed under an oath. During discovery, medical records and doctor's notes are usually requested.

In most states, in order to be eligible for compensation for injuries incurred by negligence, you must to establish four elements that include 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 that result from the injury. If your attorney can prove all of these elements in a medical negligence claim, Amarillo medical Malpractice lawyer you will have an impressive case.

In certain instances courts may make punitive damages available, which are intended to punish the offender and deter others from engaging in the same conduct. This is not the norm however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they can award these extraordinary damages.