세이프원

• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Case

A patient who finds that an object foreign to her like surgical clamps, is still inside her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must prove the elements of medical malpractice: duty, deviation from the duty, and direct reason.

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

Cause of Injury

A medical malpractice lawsuit can be filed either by the person who suffered the injury or an attorney. Depending on the circumstances this could be a spouse of the patient or an adult child, parent, a guardian ad-litem or 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 a licensed doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to determine if the health care provider acted within the standard of treatment in their special area of expertise. They must also testify to the harm resulting from the doctor's actions or inactions.

The consequences of malpractice and negligence can be very severe. For instance, a wrong diagnosis of a health condition can cause life-threatening complications. Other types of injuries can include operating on the wrong body part or putting surgical instruments in the patient.

To prove a malpractice claim, the patient must prove four legal elements: a duty the doctor owed them; a breach of this duty, resulting injury and damages. In certain states, like New York, the law places a limit on the amount of money that could be awarded for a malpractice claim.

Causation

The injury element, also known as causation, is one the most important elements of medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This can be a challenging task for a number of reasons.

Many of the injuries that form the basis of medical malpractice lawyers negligence lawsuits result from chronic issues that existed before treatment started. Often the statute of limitations for a medical malpractice law firm malpractice lawsuit extends out over a number of years and the injuries may develop slowly.

In these cases it is necessary to prove that a medical professional's breach of the standard of care that led to the injury can be difficult. The attorney may have collected evidence, like expert testimony and medical records which the injured patient can utilize.

During the discovery process, which is an integral part of the legal procedure getting ready for trial, your lawyer will ask for the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor defending the lawsuit is then asked to give evidence during depositions, which are testimony that is under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven that the allegations of the case are true which include breach of duty, breach and causation.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice to show that it is more than likely that the doctor did not fulfill the obligations of physician and that the actions led to injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath, and recorded for trial, are also part of this process.

A doctor has violated his or her professional obligations if he or she did something that a prudent physician would not do under the same circumstances. It must be proved that the breach caused the injury directly to the patient. This is referred to as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and is later told that he or the gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated period of time, also known as the statute of limitations which is different for each state. The injured patient has to prove that the substandard treatment caused injury, and then they must establish what compensation they're entitled to.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is filing and serving a complaint and summons on all named defendants in the lawsuit. The parties participate in discovery. This is a procedure where documents and statements are made public under an oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, to receive compensation for injuries caused by negligence, you must to establish four elements that include a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury and damages that result from the injury. If your attorney can prove all these elements in a medical malpractice claim, you'll have a convincing case.

In some cases the court could decide to award punitive damages which is intended to punish a wrongdoer, and discourage others from committing similar conduct. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they may give these extraordinary damages.