Why Medical Malpractice Settlement Should Be Your Next Big Obsession

How to File a Medical Malpractice Case

A patient who finds that an object foreign to her like surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this obligation, 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.

The reason for injury

A medical malpractice claim can be initiated by the patient who was injured or a person legally designated to represent them. This can be the spouse, adult child, parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. The plaintiff in a medical malpractice lawsuit is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

The majority of cases involving malpractice involve the testimony of experts. medical malpractice lawyers experts must be able to prove whether or the medical professional followed the standard of care for their specific area. They also have to testify about the injury caused by the doctor's actions or actions or.

The consequences of malpractice and negligence can be very severe. For example, a misdiagnosis of a health issue could have life-threatening consequences. Other kinds of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of 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 resulting damages. In certain states, like New York, the law puts a limit on amount of money that could be awarded in an action for malpractice.

Causation

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

A lot of the injuries that form the basis for a medical negligence suit result from long-term illnesses or issues that existed before treatment began. Often, the statute of limitations for a claim involving medical malpractice extends over a variety of years and the injuries can develop gradually.

In these instances it is often difficult to prove that a certain medical professional's breach of the standard of care caused the injury. The attorney could have gathered evidence, including expert testimony and medical malpractice law firms records, that the injured patient can use.

During the discovery process, which is a component of the legal procedure for preparation for trial, your lawyer could request disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the lawsuit is then asked to testify during depositions, which are the testimony under oath. Your lawyer is able to cross-examine doctor and challenge their conclusions. The jury will then decide if the plaintiff has proved the essential elements of their case, including the duty of care, breach, causation and injury.

Negligence

If a medical malpractice lawsuit 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 injury. The plaintiff's lawyer must demonstrate this through evidence gathered during pretrial discovery. This includes requesting documents, including medical records from all parties involved in a lawsuit. This process also includes sworn statements that are recorded and used in trial.

A doctor was in breach of his or her professional obligations when he/she did something that a reasonably prudent doctor would not do under the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient could go to the hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, referred to as the statute of limitations which varies by state. The person who has suffered injury must prove that the care provided was substandard and resulted in injury, and then prove how much monetary compensation they are entitled to.

Damages

If medical negligence has caused you to suffer a traumatic injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then engage in discovery, a process by which documents and statements are disclosed under an oath. During discovery medical records and doctor's notes are typically requested.

In most states, you need to demonstrate four elements in order to be compensated for injuries incurred by medical malpractice: 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 attorney can establish all of these elements, you can make a an extremely strong case for financial compensation in a medical malpractice claim.

In some cases the court could decide to award punitive damages, which is meant to punish the wrongdoer and deter others from engaging in similar conduct. It is not common however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they may award these extraordinary damages.