• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her like surgical clamps, remains inside her body after gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must establish the legal elements 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 referred to as proximate cause.

The reason for injury

A medical malpractice claim can be filed either by the injured person or an attorney. This can be the spouse or adult child parent, guardian, or administrator of an estate belonging to a deceased patient, lawyers depending on the circumstances. The defendant in a suit for medical negligence is the health professional. This could be a doctor, nurse, therapist or any other health professional.

The majority of cases involving malpractice involve many expert witnesses. Medical experts must be able to prove whether or the medical professional followed the standard of care for their particular area of expertise. They must also testify to the harm that was caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. A mistake in diagnosis can have devastating consequences, like the possibility of a life-threatening illness. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice claim that include a duty owed to the patient by the doctor; 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 in a malpractice case.

Causation

The element of injury is called the causation. It is one of most important elements in a medical negligence claim. To establish causation the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging task for several reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing conditions that were already present prior to treatment. The time period for filing medical malpractice cases can be extended for a number of years and injuries may develop slowly.

In these situations, it is difficult to prove that one particular medical professional's breach of standards of care caused the injury. However, the aggrieved patient could be able to use evidence collected by the attorney, including medical records and expert testimony.

During the discovery process, which is an integral part of the legal procedure for preparing for trial, your lawyer may request the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the lawsuit will be asked to give evidence during depositions, which are testimony given under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the essential elements of their case including duty, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician committed a breach of professional duties and those breaches caused injury. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor violated his or her professional duty when he/she did something that a reasonably prudent doctor would not do in the same circumstances. It must be proved that the breach resulted in injury directly to the patient. This is known as causation or proximate cause. A patient could visit a hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, also known as the statute of limitations, which is different for lawyers each state. The person who suffered the injury must prove that the substandard treatment caused injury, and then they have to prove the amount of compensation they deserve.

Damages

You are entitled to compensation for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties engage in discovery. This is a procedure which involves the disclosure of documents and statements made public under an oath. During discovery medical records and doctor's notes are typically requested.

In many states, to get compensation for injuries caused by malpractice, you need to establish four elements such as a duty of care that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your attorney can demonstrate all of these elements in a medical malpractice attorneys malpractice claim, you'll have an impressive case.

In certain instances courts may award punitive damages, which are intended to punish the offender and deter others from engaging in similar conduct. This isn't often however, particularly in medical malpractice cases. The courts must have very clear evidence of malice before they can give these extraordinary damages.