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How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps in her body following gall bladder surgery can make a claim for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

It is essential for our clients to establish a direct connection between the breach of duty and the harm called proximate causation.

The reason for injury

A medical malpractice law firms malpractice claim can be filed by the injured patient or a person who is legally authorized to represent them. This could be the spouse or adult child guardian, parent or administrator of the estate of a deceased person depending on the specific circumstances. The plaintiff in a suit for medical negligence is the health care provider. This could be an accredited nurse, doctor or therapist.

The majority of cases involving malpractice involve a lot of expert testimony. Medical experts must be able to testify that the medical professional performed his duties in accordance with the standard of care in his or her particular field of expertise. They also have to testify about injuries caused by doctor's actions or actions or.

The injuries that result from malpractice and negligence can be quite severe. For instance, a wrong diagnosis of a health issue could have life-threatening consequences. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case the duty owed to the patient by the physician and a breach of this obligation; a harm caused by the breach and the consequential damages. In some states such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The element of injury is called the causation. It is among the most important elements in a medical negligence claim. To prove causation, the plaintiff must show that they sustained the injury based on a balance of probabilities because due to the negligence of the doctor. This can be a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing ailments that were in the process of being treated prior to. Often, the statute of limitations for a claim involving medical malpractice is extended over a period of years, and injuries may develop slowly.

In these situations, it is difficult to prove that a specific medical professional's breach of the standard of care caused the injury. The attorney could have collected evidence, such as medical records and expert testimony, that the injured patient could use.

During the discovery procedure that is part of the legal process prepping for a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to give a deposition. This is a declaration that is given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their case including duty, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice that it is more than likely that the doctor acted in violation of his or her obligations as a doctor and that these breaches resulted in injury. The attorney representing the plaintiff must prove this by using evidence obtained during discovery. This includes soliciting documents, including medical records and other records from all parties in a lawsuit. This process also includes the recording of sworn statements and used at trial.

A doctor has violated their professional duty when they did something that reasonable and prudent doctors would not have done under similar circumstances. It must be proven that the breach caused injury directly to the patient. This is known as causation or proximate causes. Patients may go to the hospital in order to repair a hernia, but end up having their gall bladder removed. This is medical malpractice lawyers malpractice since the removal of the gall bladder did not benefit 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 each state. The injured patient must establish that the negligence caused injury and then he or she must prove the amount of financial compensation they are entitled to.

Damages

If a medical error has caused you to suffer an injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your losses.

The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then participate in discovery, a process in which documents and declarations are made public under oath. Medical records and notes of the doctor are typically sought during discovery.

In many states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things including a duty of good faith that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury; and damages resultant from the injury. If your attorney can prove all of these elements of a medical negligence claim, you'll have a strong case.

In some cases, the court may award punitive damage, which is meant to punish the perpetrator and deter others from engaging in similar conduct. This isn't often however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they are able to award these extraordinary damages.