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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body, such as surgical clamps, is still inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.

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

Cause of Injury

A medical malpractice claim can be filed either by the person who was injured or a legal representative. This can be the spouse or adult child parent, guardian, or administrator of a deceased patient's estate depending on the specific circumstances. In a medical malpractice case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Expert testimony is often required in malpractice cases. Medical experts must be able to testify that the healthcare provider performed his duties in accordance with the standard of care in their specific field of expertise. They must also testify as to the harm caused by the doctor’s actions or inactions.

The injuries that result from malpractice and negligence can be extremely serious. A misdiagnosis could have grave consequences, like the possibility of a life-threatening illness. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

To establish a malpractice case the patient must prove four legal elements: a duty the doctor owed them; a breach of this duty; a resultant injury; and damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also known as causation is one of the most important aspects of a medical malpractice case. To prove causation, the plaintiff must demonstrate that they suffered their injury on the basis of probabilities due to of the physician's negligence. This can be a challenging task for several reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit (Read the Full Piece of writing) stem from long-term, or ongoing conditions that were in the process of being treated prior to. The time period for filing a medical malpractice case can be extended over a period of time and injuries may develop slowly.

In these instances, proving that a medical professional's violation of the standard of care that led to the injury can be difficult. The attorney could have gathered evidence, including medical records and expert testimony that the injured person may use.

During the discovery process, which is a part of the legal procedure preparation for trial, your lawyer may seek disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is defending the lawsuit will then be asked to testify during depositions, which are testimony given under the oath. Your lawyer will be able to cross-examine doctor and challenge their conclusions. The jury will then decide if the plaintiff has established the necessary elements of their case, including duty, breach, causation and injury.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and that those breaches caused injuries. The attorney representing the plaintiff must demonstrate this through evidence gathered during pretrial discovery. This includes requesting documents, including medical records from all parties involved in a lawsuit. The process also involves sworn statements that are recorded and used in trial.

A doctor was in breach of his or her professional obligation when he/she did something that a prudent doctor would not do in similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. For example an individual goes to the hospital for a hernia procedure and ends up having his or the gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a legal time limit, known as the statute of limitations. This differs from state-to-state. The injured patient has to prove that the substandard treatment resulted in injury, and after that they must establish what compensation they're entitled to.

Damages

You deserve to be compensated for any injuries that you've suffered as a result of medical malpractice attorneys negligence. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your loss.

The first step is filing and serving a complaint and summons on all defendants named in the lawsuit. The parties are involved in discovery. It is a process where documents and evidence are revealed under an oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, you need to establish four elements to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal relationship between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements, you can make a an argument for financial recovery in a medical malpractice case.

In some cases, a court may make punitive damages available, which are intended to penalize the offender and deter others from committing the same offense. It is not common however, especially in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to award these extraordinary damages.