How to File a Medical Malpractice Case

If a patient discovers that a foreign object like surgical clamps, remains inside her body after gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful claim must prove the elements of medical malpractice: duty, deviation from the norm and direct cause.

It is crucial for our clients to establish a direct link between the breach of duty and the harm that is known as proximate causation.

Causes of Injury

A medical malpractice claim can be initiated by the patient who was injured or a person legally designated to act on their behalf. It could be the spouse or adult child guardian, parent or administrator of the estate of a deceased person, based on the circumstances. In a case of medical malpractice, the defendant is the health care provider. This could be a doctor, nurse, therapist or medical malpractice lawsuits any other licensed health professional.

Expert testimony is usually required in cases of malpractice. Medical experts are required to determine if the medical professional performed his duties in accordance with the standard of medical care within their specific area of expertise. They must also testify about the harm caused by the physician's actions or actions or.

Injuries that result from malpractice or negligence can be extremely serious. A misdiagnosis could have grave consequences, such as an illness that could be life-threatening. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice claim the patient has to prove four legal elements: a duty the physician owed to them; a breach in this duty, resulting injury; and damages. In certain states, like New York, the law sets a limit on the amount of money that could be awarded in an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements in medical malpractice cases. To prove causation, a plaintiff must show that they sustained their injury on the balance of probabilities because of the negligence of the doctor. This can be a challenging job due to various reasons.

Many of the injuries that form the basis for medical negligence lawsuits result from long-term conditions or ongoing conditions that existed prior to when treatment began. Often the statute of limitations for a medical negligence claim extends over a variety of years and the injuries may develop slowly.

In these cases it can be difficult to prove that one particular medical professional's breach of the standard of care caused the injury. The attorney could have gathered evidence, such as expert testimony and medical records which the injured patient could use.

In the discovery process which is an element of the legal process preparing for a trial, your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be asked to give evidence during depositions, which are testimony given under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the elements of the case which include breach of duty, breach and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those violations caused harm. The plaintiff's lawyer must prove this by using evidence obtained during discovery. This involves soliciting documents, including medical records from all parties involved in the lawsuit. This process also involves the recording of sworn statements and used in trial.

A doctor has violated his or her professional duty when he/she did something that a prudent physician would not do under similar circumstances. It must be proved that the breach caused the injury directly to the patient. This is referred to as causation or the proximate cause. For instance, a patient goes to the hospital for a hernia surgery and then has his or his gall bladder removed instead. This is medical malpractice lawyers negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, called the statute of limitations which varies according to the state. The person who suffered the injury must prove that the substandard treatment caused injury, then they must establish what compensation they are entitled to.

Damages

If medical negligence caused you to suffer injury, you are entitled to be made whole. At Scaffidi & Associates, we can help you receive full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties participate in discovery. It is a process which involves the disclosure of documents and statements disclosed under oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, you must demonstrate four elements in order to be compensated for any injuries caused by medical malpractice law firms malpractice which includes a duty to the healthcare provider in breach of that obligation; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can establish all of these elements, you have an excellent case for financial recovery in a medical malpractice claim.

In certain cases the court can make punitive damages a possibility that is intended to punish the perpetrator and discourage others from committing similar conduct. This is not the norm however, particularly in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to give these extraordinary damages.