How to File a Medical Malpractice Case

If a patient discovers that a foreign object like surgical clamps, remain inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from this duty and the direct cause.

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

Causes of Injury

A claim for medical malpractice can be filed by the person who was injured or an attorney. Depending on the circumstances this may be the spouse of the patient, an adult child or parent, a guardian ad-litem or administrator or executor of the estate of the patient who died. The defendant in a suit for medical negligence is the health care provider. This could be a licensed doctor, nurse or therapist.

The majority of cases involving malpractice involve many expert witnesses. Medical experts are required to testify on whether or the medical professional adhered to the standards of care for their specific area. They must also testify to the harm that was caused by the actions or inactions of the doctor.

Injury caused by negligence and mistakes can be catastrophic. For instance, a wrong diagnosis of a medical condition could result in life-threatening consequences. Other kinds of injuries include operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the doctor and a breach of this duty; injury caused by the breach; and the consequential damages. In certain states, like New York, the law restricts the amount of money that could be awarded in a malpractice claim.

Causation

The element of injury is known as the causation. It is one of the most crucial aspects of a medical malpractice claim. To establish causation the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a challenging task due to several reasons.

For example, many injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing conditions that were already present prior to treatment. Often, the statute of limitations for a medical negligence claim extends out over a number of years, and medical malpractice law Firm injuries may develop slowly.

In these situations it is often difficult to prove that a particular medical professional's violation of the standard of care caused the injury. However, the aggrieved patient may be able to use the evidence gathered by the attorney, including medical records and expert testimony.

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

Negligence

The plaintiff must convince jurors, in a case of medical malpractice attorney malpractice, that it is more than likely that the doctor did not fulfill his or her obligations as medical professional and that these breaches resulted in injury. The attorney representing the plaintiff must demonstrate this through evidence gathered during discovery. This involves the request of documents, including medical records, from all parties involved in the lawsuit. The process also involves sworn statements that are recorded and used at trial.

A doctor has violated their professional obligation in the event that they did something reasonable and prudent doctors would not have done under the same circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation or proximate cause. Patients may go to the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

medical malpractice law firm (http://web011.dmonster.kr) malpractice lawsuits must be brought within a legally regulated period of time, referred to as the statute of limitations which is different for each state. The patient who was injured must prove that the negligent treatment caused injury, then they must prove what monetary compensation they're entitled to.

Damages

If medical negligence caused you to suffer injury, you should be made whole. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties participate in discovery. This is a procedure where documents and statements are disclosed under the oath. During discovery medical records and notes from a doctor are usually requested.

In most states, you need to establish four elements to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal link between the breach and the patient's injury and the damages that result from the injury. If your attorney can prove all of these aspects of a medical negligence claim, Medical malpractice law firm you'll have an impressive case.

In some instances the court could decide to award punitive damages that is designed to punish a wrongdoer, and discourage others from committing similar acts. However, this is rare in medical malpractice cases, as the courts require extremely evident proof of malice in order to award these extraordinary awards.