Why Medical Malpractice Settlement Is Your Next Big Obsession

How to File a Medical Malpractice Case

A patient who discovers that an object foreign to her, such as surgical clamps, remains inside her body after gall bladder surgery could bring a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical negligence: duty, medical malpractice Law firm deviation from this duty and the direct reason.

It is essential for our clients to establish a direct causal connection between the breach of duty and the damage which is referred to as proximate cause.

The reason for injury

A claim for medical malpractice can be filed either by the person who was injured or an attorney. This can be the spouse, adult child parent, guardian, or administrator of a deceased patient's estate, based on the circumstances. The defendant in a medical malpractice suit is the health professional. It could be an accredited nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify on whether or whether the healthcare provider was in compliance with the standard of care in their specific field. They must also testify to the damage caused by the actions or inactions of a doctor.

The injuries that result from malpractice and negligence can be extremely serious. A mistake in diagnosis can have devastating consequences, including life-threatening conditions. Other kinds of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

To establish a malpractice claim the patient has to prove four legal elements: a duty that the physician owed to them; a breach in the breach; a resulting injury and damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded in an action for malpractice.

Causation

The injury element, also referred to as causation, is one the most important elements of medical malpractice law Firm malpractice cases. To establish causation the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This can be a challenging task for several reasons.

For instance, many of the injuries that are the basis of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were already present prior to treatment. The time limit for a medical malpractice lawsuit can be extended for a number of years and the development of injuries can happen slowly.

In these cases, proving that a medical professional's violation of the standard of care led to the injury is difficult. The attorney may have gathered evidence, such as expert testimony and medical records that the injured person can use.

During the discovery process as part of the legal process for preparation for a trial, your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be required to appear in a deposition. This is a declaration which is under oath. Your lawyer may 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 the jury, when filing a claim for medical malpractice to show that it is likely that the physician violated the obligations of a doctor and that these actions led to injury. The attorney representing the plaintiff must be able to prove this by utilizing evidence collected during discovery. This includes the request of documents, including medical records, from all parties involved in a lawsuit. Depositions, in which the statements are made under oath, and recorded for use in trial, are also a part of this process.

A doctor violated his or her professional obligations when he/she did something that a reasonable prudent doctor would not do under the same circumstances. However it must be established that the breach directly caused the injury to the patient. This is known as causation or proximate cause. For instance, a patient goes to the hospital for a hernia operation and ends up having his or her gall bladder removed instead. 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 regulated period of time, also known as the statute of limitations, that varies from state to state. The injured patient must establish that the negligence caused injury, and then prove how much monetary compensation he or her deserves.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your losses.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties then proceed to discovery, in which documents and statements are revealed under oath. During discovery medical malpractice law firm records and doctor's notes are typically requested.

In most states, you have to establish four elements to be compensated for any injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of that duty; a causal link between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can demonstrate all of these elements in a medical malpractice claim, you'll have an enviable case.

In some instances courts may make punitive damages available, which are designed to punish the culprit and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases, because the courts require precise proof of malice before they can make these extraordinary awards.