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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, is still inside her body after gall bladder surgery may bring a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviance from the duty, and direct cause.

It is vital for our clients to establish a direct relationship between the breach of duty and the injury, known as proximate causation.

Causes of Injury

A medical negligence case may be filed by the person who has been injured or a legal person to represent them. It could be the spouse or adult child or parent, guardian or administrator of an estate belonging to a deceased patient, depending on the circumstances. The defendant in a lawsuit for medical malpractice is the health professional. This could be a licensed doctor, nurse or therapist.

Malpractice cases usually require many expert witnesses. medical malpractice attorney experts must be able to testify that the medical professional was acting in accordance with the standards of treatment in their specific area of expertise. They also need to testify on the harm caused by the physician's actions or inactions.

Injuries that result from malpractice or negligence can be extremely serious. For instance, a misdiagnosis of a health problem could have life-threatening effects. Other types of injuries can include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim that include a duty owed to the patient by the physician; a breach of this duty; an injury caused by the breach; and the resulting damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded in an action for malpractice.

Causation

The injury element, also known as causation, is one of the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must show that they suffered their injury on a balance of probabilities as a result due to the negligence of the doctor. This can be a challenging job due to a variety of reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing conditions that were already present prior to the time of treatment. Often the statute of limitations for a medical malpractice lawsuit extends over a variety of years, and the injuries can develop gradually.

In these instances it is difficult to prove that a medical professional's breach of the standard of care that led to the injury is not easy. The attorney could have collected evidence, like medical records and expert testimony that the patient who was injured may use.

During the discovery process, which is a component of the legal procedure preparing for trial, your lawyer can request disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the lawsuit will then be asked to testify during depositions, which are testimony given under an oath. Your lawyer can cross-examine the doctor and challenge their conclusions. The jury will decide if the plaintiff has proven that the allegations of the case are true, including duty, breach and causation.

Negligence

When a medical malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and that the violations caused harm. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This also includes sworn declarations that are recorded and used in trial.

A doctor has violated their professional duty if they did something a reasonable prudent physician would not have done in similar circumstances. It must be proved that the breach resulted in 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 procedure and is later told that he or his gall bladder removed instead. This is medical malpractice law firms malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, called the statute of limitations which varies according to the state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then prove the amount of financial compensation he or her deserves.

Damages

If a medical error has caused you to sustain an injury, you have the right to be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties are involved in discovery. This is a procedure where documents and statements are revealed under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In the majority of states, to receive compensation for injuries caused by malpractice, you need to establish four elements that include a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages resulting from the injury. If your attorney can establish all of these elements, you will have an excellent case for financial compensation in a medical malpractice claim.

In some instances courts may decide to award punitive damages. These are intended to punish the perpetrator and discourage others from engaging in similar conduct. However, this is rare in medical malpractice cases, because the courts require evident proof of malice in order to award these awe-inspiring awards.