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How to File a Medical Malpractice Case

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

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

The reason for injury

A medical malpractice lawsuit can be initiated by the patient who was injured or a person legally designated to represent them. Depending on the circumstances this could be the spouse of the patient or an adult child, parent, guardian ad Litem or the administrator or executor of the estate of the patient who died. The plaintiff in a medical malpractice suit is the health care provider. This could be a nurse, doctor, therapist or any other health care professional.

Expert testimony is often required in cases of malpractice. Medical experts are required to testify on whether or whether the health professional was in compliance with the standard of care for their specific area. They must also testify to the harm that was caused by the doctor’s actions or inactions.

The consequences of malpractice and negligence can be very serious. A misdiagnosis can have serious consequences, like life-threatening conditions. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements in a malpractice claim that include a duty owed to the patient by the physician; a breach of this obligation; a harm caused by the breach and resulting damages. In certain states, like New York, the law restricts the amount of money that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most crucial elements in a medical malpractice case. To prove causation, the plaintiff must prove that they sustained the injury on the balance of probabilities due to of the negligence of a physician. This can be a challenging task for several reasons.

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already in the process of being treated prior to. The time period for filing a medical malpractice lawsuit can be extended for a number of years and injuries can develop slowly.

In these instances, proving that a medical professional's violation of the standard of care which led to the injury can be difficult. However, the person who was harmed may be able to use the evidence gathered by the attorney, such as medical malpractice attorney records and expert testimony.

In the discovery process, which is a part of the legal procedure for the preparation of a trial your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be asked to take deposition. This is a testimonies that is given under an oath. Your lawyer may cross-examine the doctor and contest their conclusions. The jury will decide whether the plaintiff has proved that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

When a medical malpractice attorneys negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and those breached duties caused injury. The lawyer for the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which involves the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for use in trial, are also part of this procedure.

A doctor was in breach of his or her professional obligations when he or she did something that a reasonable prudent physician would not do in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. A patient could go to the hospital in order to have a hernia repaired, but instead end up having their gall bladder removed. This is medical negligence since the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within the legal period, referred to as the statute of limitations. This varies from state to state. The person who suffered the injury must show that the inadequate treatment caused injury, then they must show what compensation they are entitled to.

Damages

If medical negligence caused you to suffer a traumatic injury, you deserve to be compensated. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your losses.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties then engage in discovery, medical malpractice lawsuit a process by which documents and statements are disclosed under the oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, you need to prove four things to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements, you can make a an excellent case for financial recovery in a medical malpractice case.

In some cases, a court may award punitive damages, which are designed to punish the wrongdoer and deter others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases, as the courts require extremely specific proof of malice to make these extraordinary awards.