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How to File a Medical Malpractice Case

A patient who discovers an object foreign to her like surgical clamps, remains inside her body following gall bladder surgery can pursue a medical malpractice suit. A successful claim has to prove the elements of medical malpractice: duty, deviation from this duty and the direct cause.

It is vital for our clients to establish a direct relationship between the breach of duty and the damage that is known as proximate causation.

The reason for injury

A medical malpractice claim can be filed by the victim or a legal representative. Based on the circumstances, this could be the spouse of the patient or an adult child, parent, a guardian ad Litem or the executor or administrator of the estate of the deceased patient. In a case involving medical malpractice the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Expert testimony is often required in cases of malpractice. medical malpractice law firms experts must be able to prove 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 resulting from the doctor’s actions or inactions.

Injuries that result from malpractice or negligence can be quite severe. For example, a misdiagnosis of a medical condition could result in life-threatening consequences. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

In order to establish a malpractice claim the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach of this duty, resulting injury; and damages. In certain states, such as New York, the law restricts the amount of money that can be awarded in an action for malpractice.

Causation

The element of injury is called the causation. It is one of most important elements in a medical malpractice claim. To establish causation, the plaintiff must show that they suffered their injury on a balance of probabilities due to due to the negligence of the doctor. This can be a difficult job due to various reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing conditions that were present prior to treatment. Often the statute of limitations for a medical malpractice claim is extended over a period of years, and the injuries can develop gradually.

In these situations it can be difficult to prove that a certain medical professional's violation of the standards of care caused the injury. The attorney could have gathered evidence, such as medical records and expert testimony that the injured person can utilize.

During the discovery process, which is a part of the legal procedure for preparing for trial, your lawyer could request the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is representing the case will be asked to appear in deposition. This is a statement that is given under an oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will decide then if the plaintiff has established the necessary elements of their case, including obligation, breach, causation and injury.

Negligence

If a claim for medical malpractice is filed the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those breaches resulted in injuries. The lawyer for the plaintiff must demonstrate this by presenting evidence through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties involved in the lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor was in breach of his or her professional duty if he or she did something that a reasonable prudent doctor would not do under similar circumstances. It must be proven that the breach caused injury directly to the patient. This is known as causation or proximate cause. Patients may go to the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally defined time frame, known as the statute of limitations, which is different for each state. The patient who is injured must prove that the negligence caused injury and then he or she must prove how much monetary compensation he or her deserves.

Damages

If a medical error has caused you to suffer an injury, you should be made whole. At Scaffidi & Associates, we can help you receive full and fair compensation for your loss.

The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then engage in discovery, a process in which documents and statements are disclosed under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In many states, to get compensation for injuries caused by malpractice, you need to prove four things that include a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages that result from the injury. If your lawyer can prove all of these elements, you will have an extremely strong case for financial recovery in a medical malpractice case.

In certain cases, the court may make punitive damages a possibility, which is meant to punish the perpetrator and discourage others from committing similar conduct. But, this isn't often the case in medical malpractice cases, because the courts require clear evidence of malice to give these extraordinary awards.