How to File a medical malpractice law firm Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, is still inside her body following gall bladder surgery could bring a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviation from this duty and the direct reason.

Our clients must establish a direct connection between the breach of duty, and the injury. This is known as the proximate reason.

The reason for injury

A medical malpractice lawsuit can be filed by the person who was injured or an attorney. This could be the spouse, adult child or parent, guardian or administrator Medical malpractice lawsuits of the estate of a deceased patient depending on the circumstances. The defendant in a medical malpractice suit is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is typically required in malpractice cases. Medical experts must testify as to whether or whether the health professional adhered to the standards of care for their specific area. They also have to testify about the injury that was caused by the doctor's actions or inactions.

The consequences of malpractice and negligence can be extremely serious. For instance, a misdiagnosis of a health issue could have life-threatening consequences. Other kinds 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 claim which include a duty to the patient by the doctor or a breach of the duty; an injury caused by the breach; and resulting damages. In some states such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also known as causation is one of the most crucial elements in medical malpractice cases. To establish causation the plaintiff must prove that the injury was caused by the doctor's negligence. This is a difficult task due to a variety reasons.

For instance, many of the injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing illnesses that were present prior to treatment. Often the statute of limitation for a medical negligence claim extends over a variety of years and the injuries may develop slowly.

In these cases the proof that a medical malpractice lawyer professional's failure to adhere to the standard of care led to the injury can be difficult. However, the patient who was hurt could be able to use evidence gathered by the attorney, such as medical records and expert testimony.

In the discovery process which is an element of the legal process preparing for a trial, your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be required to testify in a deposition. This is a statement that is made under oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will decide then if the plaintiff has proved the essential elements of their case including duty, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed the plaintiff has to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and that those breached duties caused injuries. The attorney representing the plaintiff must demonstrate this using evidence obtained during discovery. This involves requesting documents, including medical records, from all parties involved in the lawsuit. Depositions, in which statements are made under oath, and recorded for trial, are also part of this procedure.

A doctor was in breach of the professional duties of a doctor when he or she did something that a reasonably prudent physician would not do under the same circumstances. It must be established that the breach resulted in injury directly to the patient. This is known as causation or causal proximate causes. For example when a patient is taken to the hospital for a hernia surgery and ends up having his or the gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations which varies according to the state. The person who has suffered injury must prove that the negligence resulted in injury, and then prove the amount of financial compensation he or her deserves.

Damages

If a medical error has caused you to suffer an injury, you have the right to be made whole. 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, summons and other documents on all defendants. The parties engage in discovery. It is a process in which documents and declarations are revealed under an oath. During discovery, medical Malpractice lawsuits medical records and notes from a doctor will usually be requested.

In the majority of states, you need to prove four things in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of the duty; a causal relationship between the breach and the patient's injury and damages resulting from the injury. If your lawyer can prove all of these elements in a medical malpractice claim, you'll have an impressive case.

In certain instances, courts can give punitive damages, which are intended to penalize the wrongdoer and deter others from engaging in the same conduct. It is not common however, particularly in medical malpractice cases. The courts must have very clear evidence of malice before they may award these extraordinary damages.