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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body like surgical clamps, remains in her body following gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

The reason for injury

A centralia medical malpractice attorney negligence case may be filed by the injured patient or a person who is legally authorized to represent them. It could be the spouse, adult child or parent, guardian or administrator of a deceased patient's estate depending on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to be able to testify that the doctor did what was required of care in his or her particular field of expertise. They also need to testify on injuries caused by physician's actions or inactions.

Injuries resulting from malpractice and negligence can be quite severe. A misdiagnosis could have grave consequences, including 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.

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

Causation

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

For example, many injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing ailments that were present prior to treatment. Often the statute of limitations for a zion medical malpractice attorney malpractice lawsuit extends over a number of years and the injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's violation of the standard of care which led to the injury is difficult. However, the patient who was hurt may be able to use the evidence collected by the attorney, including medical records and expert testimony.

During the discovery process, which is a part of the legal process for prepping for trial, your lawyer can ask for the disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor defending the lawsuit will then be asked to testify during depositions, which are testimony under an oath. Your lawyer can cross-examine the doctor and contest their findings. The jury will then decide whether the plaintiff has established the essential elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury in a case of medical malpractice to show that it is more than likely that the physician violated his or her responsibilities as a doctor and that these mistakes led to injuries. The lawyer representing the plaintiff must prove this using evidence gathered through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This process also involves sworn declarations that are recorded and used in trial.

A doctor was in breach of his or her professional duty when he or she did something that a reasonable prudent doctor would not do in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate cause. A patient might visit the hospital to repair a hernia and instead, have their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a certain period, referred to as the statute of limitations. This varies from state to state. The victim must prove that the negligent treatment caused injury, and then they must establish what compensation they're entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your losses.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then proceed to discovery, a procedure in which documents and statements are made public under the oath. Medical records and the doctor's notes are typically requested during discovery.

In most states, you have to prove four things in order to be compensated for injuries incurred by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can establish all of these elements, then you've got an excellent case for financial recovery in a claim for medical malpractice.

In certain instances courts may make punitive damages available, which are intended to penalize the wrongdoer and deter others from engaging in the same conduct. It is not common however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they can decide to award these extraordinary damages.