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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, is still inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from the duty, and direct reason.

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

The reason for injury

A claim for medical malpractice can be filed either by the injured person or an attorney. It could be the spouse, Medical Malpractice adult child or 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 a doctor, nurse, therapist or any other licensed health professional.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify whether or the medical professional was in compliance with the standard of care for their specific area. They must also testify as to the harm caused by the actions or inactions of the doctor.

Accidents caused by negligence or mistakes can be catastrophic. A misdiagnosis could have grave consequences, like the possibility of a life-threatening illness. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements in a malpractice claim: a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach and the consequential damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element is called the causation. It is one of most crucial elements in a medical negligence claim. To prove causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This is a difficult task due to a variety of reasons.

Many of the injuries that form the basis of medical negligence lawsuits result from long-term or ongoing issues that existed before treatment started. The time period for filing medical malpractice cases can be extended over the course of several years and injuries can develop slowly.

In these instances it is necessary to prove that a medical malpractice lawyers professional's failure to adhere to the standard of care and led to the injury is a challenge. The attorney may have gathered evidence, like medical records and expert testimony that the injured person can use.

During the discovery process, which is a component of the legal procedure for preparation for trial, your lawyer may seek disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor defending the lawsuit will be asked to give evidence during depositions, which are testimony under the oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will decide whether the plaintiff has substantiated the facts of the case which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice in court, that it is more likely that the doctor acted in violation of the obligations of physician and that the breaches resulted in injury. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor has violated their professional obligation when they did something that reasonable and prudent doctors would not have done in similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. A patient may go to the hospital in order to repair a hernia, but instead end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, referred to as the statute of limitations which varies by state. The person who suffered the injury must demonstrate that the treatment was substandard and caused injury, and they must establish what compensation they're entitled to.

Damages

If medical negligence has caused you to suffer injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you to receive the full and fair compensation you deserve for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then engage in discovery. This is a procedure where documents and statements are disclosed under an oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, to be eligible for compensation for injuries incurred by malpractice, you have to establish four elements that include a duty of care that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury; and damages that result from the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you will have a convincing case.

In some instances, the court may decide to award punitive damages that is intended to punish a wrongdoer, and discourage others from committing similar misconduct. This is rare however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to make these extraordinary awards.