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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, is still 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, deviance from this duty, direct cause and injury.

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

Cause of Injury

A medical malpractice claim can be filed by the person who was injured or an attorney. It could be the spouse, adult child or parent, guardian or administrator of an estate belonging to a deceased patient depending on the specific 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.

Malpractice cases usually involve the testimony of experts. medical malpractice law firm experts are required to be able to testify that the healthcare provider did what was required of treatment in their specific area of expertise. They also have to testify to the harm resulting from the doctor’s actions or inactions.

The consequences of malpractice and negligence can be extremely serious. A misdiagnosis could have grave consequences, including the possibility of a life-threatening illness. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach; and resulting damages. In certain states like New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element is called the causation. It is among the most crucial aspects in a medical malpractice claim. To prove causation, a plaintiff must prove that they sustained their injury on a balance of probabilities as a result of the negligence of a physician. This can be a challenging job due to various reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were in the process of being treated prior to. Often the statute of limitations for a medical malpractice lawsuit extends out over a number of years and the injuries can develop gradually.

In these instances, proving that a medical professional's breached the standard of care that led to the injury can be difficult. The attorney may have collected evidence, like expert testimony and medical records that the injured person can use.

During the discovery process, which is a part of the legal procedure for preparing for trial, your lawyer can seek disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor defending the lawsuit is then asked to testify during a deposition, which is testimony that is under the 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 proven the necessary elements of their case, including obligation, breach, causation and injury.

Negligence

If a claim for medical malpractice is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional duties and those breaches resulted in harm. The attorney representing the plaintiff must demonstrate this using evidence gathered during discovery. This includes soliciting documents, including medical records from all parties involved in a lawsuit. Depositions, in which statements are made under oath, and recorded for use at trial, are also a part of this procedure.

A doctor has breached their professional duty by doing something that a reasonable and prudent doctor would not have done under similar circumstances. It must be proved that the breach was the cause of the injury directly 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 as the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within the legal time frame, also known as the statute of limitations. This differs from state-to-state. The patient who is injured must prove that the negligence caused injury, and then prove the amount of financial compensation he or her deserves.

Damages

If a medical malpractice law firm error has caused you to suffer 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 engage in discovery. This is a procedure where documents and statements are made public under the oath. Medical records and the doctor's notes are typically requested during discovery.

In the majority of states, to get compensation for injuries caused by negligence, you must to prove four things that include a duty of care that is due to the healthcare provider, medical malpractice lawsuit a breach of this duty; a causal link between the breach and injury and damages caused by the injury. If your attorney can prove all these aspects of a medical negligence claim, you'll have a convincing case.

In certain cases the court can award punitive damage that is designed to penalize a wrongdoer and deter others from engaging in similar acts. This is rare however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to give these extraordinary damages.