How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps inside her body following gall bladder surgery could sue for medical negligence. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from this duty and the direct cause.

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

Causes of Injury

A medical malpractice lawsuit can be filed by the person who has been injured or a person who is legally authorized to act on their behalf. This can be the spouse, adult child or parent, guardian or administrator of an estate belonging to a deceased patient depending on the circumstances. In a case of medical malpractice, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

Malpractice cases usually involve an abundance of expert testimony. medical malpractice law firm experts must provide evidence to prove that the medical professional performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify regarding the harm caused by the doctor's actions or actions or.

Injuries resulting from malpractice and negligence can be extremely serious. For example, a misdiagnosis of a health problem could have life-threatening effects. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice case which include a duty to the patient by the physician and a breach of this obligation; a harm caused by the breach and resulting damages. In certain states, such as New York, the law places a limit on the amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important elements in a medical malpractice case. To establish causation the plaintiff must demonstrate that their injury was caused by a physician's negligence. This is a difficult task due to a variety of reasons.

Many injuries that are the basis for a medical negligence lawsuit stem from long-term conditions or ongoing illnesses that existed before treatment started. Often the statute of limitation for a medical malpractice law firms malpractice claim is extended over a period of years and the injuries can develop gradually.

In these instances, proving that a medical professional's failure to adhere to the standard of care that led to the injury can be difficult. However, the patient who was hurt might be able use the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is a component of the legal process for prepping for trial, your lawyer could request disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is representing the case will be asked to give a deposition. This is a testimony that's given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case including breach of duty, breach of contract and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff must to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and that those violations caused injuries. The plaintiff's attorney has to be able to prove this by utilizing evidence gathered during pretrial discovery. This involves requesting documents, including medical records and other records from all parties in a lawsuit. Depositions, where statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor breached his or her professional obligation in the event that he or her did something that a prudent physician would not do in the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation, or causal proximate causes. For example the patient is admitted to the hospital for a hernia operation and ends up having his or the gall bladder removed instead. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice suits must be filed within a legal time frame, also known as the statute of limitations. This varies from state to state. The patient who is injured must prove that the negligent care caused injury, and then he or she must show how much compensation he or she is entitled to.

Damages

You are entitled to compensation for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we will assist you in receiving an adequate and fair amount of compensation for your loss.

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

In most states, you must demonstrate four elements in order to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you'll have an enviable case.

In some cases the court can award punitive damage which is intended to punish the wrongdoer and discourage others from committing similar crimes. This is rare, however, in medical malpractice cases. The courts must have a clear evidence of malice before they can give these extraordinary damages.