How to File a Medical Malpractice Case

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

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

Cause of Injury

A Sugar land medical malpractice lawsuit malpractice lawsuit can be initiated by the patient who was injured or a legal person to represent them. Based on the circumstances, this could be a spouse of the patient or an adult child parent, a guardian ad litem, or the executor or administrator of the estate of the deceased patient. In a case of medical malpractice the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases usually involve many expert witnesses. Medical experts must be able to prove whether or not the health care provider followed the standard of care for their particular field. They must also testify to the harm resulting from the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, including life-threatening conditions. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

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

Causation

The injury element is also known as the causation. It is one of the most crucial elements in a medical negligence claim. To establish causation the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging job due to a variety of reasons.

Many injuries that are the basis of a medical negligence lawsuit stem from long-term or ongoing conditions which were present before treatment started. Often the statute of limitation for a medical negligence claim extends out over a number of years, and the injuries may develop slowly.

In these instances, proving that a medical professional's violation of the standard of care and led to the injury is not easy. The attorney may have collected evidence, including medical records and expert testimony, that the injured patient may use.

During the discovery process, which is a component of the legal procedure preparation for trial, your lawyer will request disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is representing the case will be asked to appear in deposition. This is a declaration which is under an oath. Your lawyer is able to cross-examine doctor and contest the doctor's findings. The jury will decide whether the plaintiff has proved the facts of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice, that it is more than likely that the doctor did not fulfill his or her obligations as physician and that the mistakes led to injuries. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also part of this procedure.

A doctor has violated their professional duty in the event that they did something reasonable and prudent doctors would not have done in similar circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation, or the proximate cause. A patient could visit a hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, also known as the statute of limitations, that varies from state to state. The person who suffered the injury must prove that the negligent treatment caused injury, then they must establish what compensation they deserve.

Damages

If los angeles medical malpractice lawsuit negligence has led you to suffer injury, you are entitled to be made whole. Scaffidi & Associates can help you receive a fair and complete compensation 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 process in which documents and statements are made public under the oath. amarillo medical malpractice lawyer records and doctor's notes are typically requested during discovery.

In most states, you must prove four things in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal relationship between the breach and the injury suffered by the patient; and damages that flow from the injury. If your attorney can establish all of these elements, you can make a a strong case for financial compensation in a claim for medical malpractice.

In some instances, courts can give punitive damages, which are designed to punish the offender and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases, Sugar land Medical malpractice lawsuit because the courts require specific proof of malice to make these extraordinary awards.