How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps inside her body following gall bladder surgery is able to make a claim for medical negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

Our clients must establish a direct connection 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 by the person who has been injured or a person legally designated to represent them. It could be the spouse, adult child parent, guardian, or administrator of an estate belonging to a deceased patient, based on the circumstances. In a medical negligence case the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify as to whether the health care provider did what was required of care in their specific field of expertise. They also need to testify on injuries caused by physician's actions or actions or.

Accidents caused by negligence or negligence can be very serious. For example, a misdiagnosis of a medical condition could result in life-threatening consequences. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice claim the duty owed to the patient by the physician or a breach of the obligation; a harm caused by the breach; and resulting damages. In some states, like New York, the law puts a limit on amount of money that can be awarded for a malpractice claim.

Causation

The injury element, also known as causation, is one the most important elements of medical malpractice cases. To prove causation, a plaintiff must demonstrate that they sustained their injury based on a balance of probabilities because of the negligence of a physician. This can be a challenging job due to various reasons.

A lot of the injuries that form the basis for a medical negligence lawsuit result from long-term conditions or ongoing issues that existed before treatment began. Often the statute of limitation for a claim involving medical malpractice extends over a variety of years, and the injuries may develop slowly.

In these situations, it is difficult to prove that a certain medical professional's breach of standard of care caused the injury. The attorney could have gathered evidence, including expert testimony and medical records that the injured person can utilize.

During the discovery process, which is a part of the legal procedure for the preparation of a trial your attorney can request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit is then required to testify in depositions, which are testimony that is under oath. Your lawyer can cross-examine the doctor and contest their findings. The jury will decide whether the plaintiff has established the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice to show that it is likely that the doctor violated his or her duties as a physician and that those mistakes led to injuries. The plaintiff's attorney has to demonstrate this using evidence gathered during discovery. This includes soliciting documents, including medical records, from all parties involved in the lawsuit. Depositions, where statements are made under oath, and recorded to be used at trial, are also part of this process.

A doctor has violated his or her professional duty when he or she did something that a reasonable prudent doctor would not do in the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or the proximate cause. A patient might go to the hospital in order to repair a hernia but end up having their gall bladder removed. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations which varies by state. The person who suffered the injury must show that the inadequate treatment caused injury, then they must show what compensation they're entitled to.

Damages

If a medical malpractice lawyer error has caused you to suffer injury, you have the right to be compensated. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your losses.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties then participate in discovery, a procedure in which documents and statements are disclosed under oath. medical malpractice law firm records and doctor's notes are typically requested during discovery.

In many states, to receive compensation for injuries caused by negligence, you must to prove four things: a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury; and damages that result from the injury. If your attorney can establish all of these elements, then you've got a strong case for financial recovery in a medical malpractice claim.

In some cases the court could decide to award punitive damages, which is meant to punish the wrongdoer and discourage others from committing similar acts. This isn't often, however, in medical malpractice cases. The courts must have a clear evidence of malice before they can decide to award these extraordinary damages.