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How to File a Medical Malpractice Case

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

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

Cause of Injury

A medical malpractice claim can be filed either by the person who was injured or a legal representative. Based on the circumstances, it could be the spouse of the patient or an adult child parent, a guardian ad litem, or the executor or administrator of the estate of the deceased patient. The defendant in a lawsuit for medical malpractice is the health professional. This could be a licensed doctor, nurse or therapist.

Malpractice cases usually require many expert witnesses. Medical experts must testify as to whether or whether the healthcare provider followed the standard of care for their particular field. They must also testify regarding injuries caused by 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 cause life-threatening complications. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice lawsuit which include a duty to the patient by the physician and a breach of this obligation; an injury resulting by the breach; and the consequential damages. In some states, such as New York, the law places a limit on the amount that can be awarded in a malpractice claim.

Causation

The injury element, also referred to as causation is one of the most important elements of medical malpractice Law firms malpractice cases. To establish causation the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a difficult task for a number of reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit stem from long-term or ongoing ailments that were present prior to treatment. The statute of limitations on a medical malpractice case can be extended over several years and injuries can develop slowly.

In these instances, proving that a medical malpractice law firm professional's violation of the standard of care which led to the injury is difficult. The attorney could have collected evidence, such as medical records and expert testimony, that the injured patient can utilize.

During the discovery process, which is a part of the legal procedure for the preparation of a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will then be required to testify in a deposition, which is the testimony under oath. Your lawyer will be able to cross-examine doctor and contest their conclusions. The jury will then decide whether the plaintiff has established the necessary elements of their case including the duty of care, 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 doctor acted in violation of his or her responsibilities as a physician and that those mistakes led to injuries. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use at trial, are also a part of this procedure.

A doctor has violated his or her professional obligations in the event that he or her did something that a prudent physician would not do in the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is called causation or the proximate cause. A patient could go to the hospital in order to have a hernia fixed, 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 brought within a legally defined period of time, referred to as the statute of limitations which varies by state. The person who has suffered injury must prove that the substandard care caused injury, and then he or she must prove how much monetary compensation he or she deserves.

Damages

If medical negligence has led you to sustain an injury, you are entitled to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then participate in discovery, a process in which documents and statements are made public under oath. Medical records and the doctor's notes are typically requested during discovery.

In the majority of 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 and a breach of the obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, then you've got a strong case for financial recovery in a medical malpractice law firms negligence claim.

In certain cases the court can make punitive damages available, which are intended to punish the perpetrator and discourage others from engaging in the same conduct. This is not the norm however, in medical malpractice cases. The courts must have clear evidence of malice before they are able to give these extraordinary damages.