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How to File a Medical Malpractice Case

A patient who discovers an object foreign to her like surgical clamps, is still inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

It is crucial for our clients to establish a direct link between the breach of duty and the resulting injury, known as proximate causation.

The reason for injury

A medical negligence case may be filed by the injured patient or a person who is legally authorized to act on their behalf. This could be a 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 licensed doctor, nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts must be able to testify that the healthcare provider performed his duties in accordance with the standard of treatment in their specific area of expertise. They must also testify to the damage caused by the actions or inactions of a doctor.

Injuries that result from malpractice or negligence can be very severe. A mistake in diagnosis can have devastating consequences, such as a life-threatening condition. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

In order to establish a malpractice case, the patient must prove four legal elements: a duty that the physician owed to them; a breach in the breach; a resulting injury; and damages. In certain states, such as New York, the law puts a limit on amount of money that can be awarded in a malpractice claim.

Causation

The injury element is also known as the causation. It is one of the most crucial aspects of a medical malpractice claim. To prove causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a challenging task due to a variety reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing illnesses that were present prior to the time of treatment. The time-limit for a medical malpractice case could be extended over the course of several years and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's breach of the standard of care which led to the injury is difficult. The attorney may have collected evidence, including medical records and expert testimony which the injured patient can use.

During the discovery process, which is an integral part of the legal process for preparation for trial, your lawyer will seek disclosure of expert testimony and other documents from the defendants' attorneys. The doctor defending the lawsuit will then be asked to testify during a deposition, which is the testimony under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the necessary elements of their case, including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice that it is more than likely that the doctor did not fulfill the obligations of medical professional and that these breaches resulted in injury. The plaintiff's attorney has to demonstrate this using evidence obtained during 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 at trial.

A doctor has violated his or her professional obligations when he or she did something that a reasonably prudent physician would not do in the same circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation, or causal proximate causes. For instance the patient is admitted to the hospital for a hernia operation and is later told that he or his gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed time frame, known as the statute of limitations, which varies according to the state. The patient who is injured must prove that the negligent care resulted in injury, and medical malpractice then prove how much monetary compensation he or her deserves.

Damages

If medical malpractice lawyers negligence has caused you to suffer an injury, you are entitled to be compensated. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then participate in discovery, in which documents and statements are made public under oath. During discovery medical records and doctor's notes will typically be sought.

In the majority of states, to receive compensation for injuries sustained by malpractice, you have to establish four elements such as a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages resulting from the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you will have an enviable case.

In some instances the court can award punitive damage that is intended to punish a wrongdoer, and deter others from engaging in similar conduct. This is rare however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they are able to award these extraordinary damages.