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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, remains in her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.

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

The reason for injury

A medical malpractice case can be filed by the person who has been injured or by a person legally appointed to represent them. Depending 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 patient who died. In a case involving medical malpractice the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to determine if the doctor performed his duties in accordance with the standard of treatment in their particular field of expertise. They must also testify as to the damage caused by the doctor’s actions or inactions.

The consequences of malpractice and negligence can be quite severe. For instance, a wrong diagnosis of a health problem could have life-threatening effects. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove 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 the consequential damages. In some states, such as New York, the law puts a limit on amount of money that can be awarded in an action for malpractice.

Causation

The injury element, also known as causation is one of the most important elements of medical malpractice cases. To prove causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a difficult job due to various reasons.

Many of the injuries that are the basis for a medical negligence lawsuit result from long-term or ongoing issues that existed before treatment started. The time limit for a medical malpractice case could be extended over several years and injuries may develop slowly.

In these instances, it is difficult to prove that a particular medical malpractice attorneys professional's breach of standard of care caused the injury. However, the patient who was hurt could be able to use evidence collected by the attorney, including medical records and expert testimony.

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

Negligence

The plaintiff must convince the jury, in a case of medical malpractice, that it is likely that the doctor violated the obligations of medical malpractice lawyers professional and that these mistakes led to injuries. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, medical malpractice which includes seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. The process also involves the recording of sworn statements and used at trial.

A doctor was in breach of the professional duties of a doctor in the event that he or her did something that a reasonable prudent doctor would not do under similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is called causation or proximate causes. A patient could visit the hospital to have a hernia repaired, but instead 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 suits must be filed within a legal period, referred to as the statute of limitations. This varies from state to state. The person who suffered the injury must demonstrate that the treatment was substandard and caused injury, and they must show what compensation they're entitled to.

Damages

If medical negligence caused you to suffer injury, you should be made whole. At Scaffidi & Associates, we can assist you in obtaining 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, a process by which documents and statements are made public under oath. Medical records and notes of a doctor are typically requested during discovery.

In many states, to receive compensation for injuries caused by malpractice, you need to prove four things such as a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resultant from the injury. If your attorney can prove all these elements in a medical malpractice claim, Medical malpractice you will have a convincing case.

In some instances the court might give punitive damages that is intended to punish the perpetrator and deter others from engaging in similar acts. It is not common however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they are able to award these extraordinary damages.