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

• 페이스북 공유
• 트위터 공유
• 

How to File a Medical Malpractice Case

A patient who discovers an object that is foreign like surgical clamps, remains in her body after gall bladder surgery can file a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice attorney negligence: duty, deviation from this duty and the direct reason.

Our clients must establish a direct link between the breach of duty and the injury. This is known as proximate cause.

The reason for injury

A medical malpractice claim can be filed either by the victim or a legal representative. Depending on the circumstances it could be the spouse of the patient or an adult child, parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. In a medical negligence case 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 healthcare provider acted within the standard of medical care within their specific area of expertise. They also have to testify to the damage caused by the actions or inactions of a doctor.

Injuries that result from malpractice or negligence can be very severe. A mistake in diagnosis can have devastating consequences, like the possibility of a life-threatening illness. Other types of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

In order to prove a malpractice claim the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty; a resultant injury and damages. In certain states, such as New York, the law restricts the amount of money that could be awarded for the malpractice claim.

Causation

The element of injury is known as the causation. It is one of the most important elements in a medical malpractice claim. To prove causation the plaintiff must show that they sustained the injury on the basis of probabilities as a result of the physician's negligence. This can be a difficult job due to a variety of reasons.

For instance, many of the injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing conditions that were present prior to treatment. The time limit for medical malpractice cases can be extended for a number of years, and injuries can develop slowly.

In these cases, it is difficult to prove that a specific medical professional's breach of standard of care led to the injury. However, the aggrieved patient could be able to use evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery procedure that is part of the legal process for preparing for a trial, your attorney can request that the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit is then called to testify during deposition, which is testimony under the oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide then if the plaintiff has proved the necessary elements of their case, including the duty of care, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician violated professional obligations and that those violations caused injury. The attorney representing the plaintiff must demonstrate this using evidence gathered during pretrial discovery. This involves soliciting documents, including medical records and other records from all parties in a lawsuit. This also includes sworn statements that are recorded and used at trial.

A doctor violated his or her professional obligation in the event that he or her did something that a reasonably prudent physician would not do in similar circumstances. It must be established that the breach caused the injury directly to the patient. This is called causation or proxy causes. A patient may go to the hospital in order to have a hernia repaired, but end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally defined time frame, known as the statute of limitations which varies according to the state. The patient who was injured must prove that the negligent treatment resulted in injury, and after that they must prove what monetary compensation they deserve.

Damages

You deserve to be compensated for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then proceed to discovery, a process in which documents and statements are made public under the oath. During discovery medical records and doctor's notes will usually be requested.

In most states, to receive compensation for injuries sustained by malpractice, you need to establish four elements including a duty of good faith due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements, you will have an argument for financial recovery in a claim for medical malpractice attorney malpractice.

In certain cases, courts can make punitive damages available, which are intended to penalize the wrongdoer and deter others from committing the same offense. However, this is not the norm in medical malpractice cases since courts require precise proof of malice before they can award these extraordinary awards.