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How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body like surgical clamps, is still inside her body following gall bladder surgery could 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 important for our clients to establish a direct relationship between the breach of duty and the injury called proximate causation.

The reason for injury

A medical malpractice attorneys malpractice case can be filed by the injured patient or a legal person to represent them. Depending on the circumstances, this may be the spouse of the patient, medical malpractice Law Firms an adult child or parent, guardian ad litem, or the executor or administrator of the estate of the patient who died. The defendant in a medical malpractice lawsuit is the health professional. This could be a nurse, doctor or therapist, or any other licensed health professional.

Malpractice cases usually involve the testimony of experts. medical malpractice law Firms experts are required to testify whether or whether the health professional adhered to the standards of treatment in their specific field. They also have to testify to the harm caused by the actions or inactions of the doctor.

Injuries that result from malpractice or medical Malpractice law firms negligence can be quite severe. A misdiagnosis can have serious consequences, like life-threatening conditions. Other types of injuries could include operating 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 physician and a breach of this duty; an injury caused by the breach and the consequential damages. In some states, such as New York, the law sets a limit on the amount of money that could be awarded in an action for malpractice.

Causation

The injury element is also known as the causation. It is one of most important aspects in a medical malpractice claim. To prove causation, a plaintiff must demonstrate that they sustained the injury on the basis of probabilities because of the physician's negligence. This can be a difficult task for a number of reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. The statute of limitations on medical malpractice cases can be extended over the course of several years and injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's breach of the standard of care and led to the injury is a challenge. However, the patient who is afflicted may be able to use evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is a component of the legal procedure for prepping for trial, your lawyer will request the disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the lawsuit will be required to testify in depositions, which are testimony under oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will then decide if the plaintiff has proved the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the doctor violated professional duties and that those violations caused harm. The attorney representing the plaintiff must demonstrate this using evidence gathered during discovery. This includes requesting documents, including medical records from all parties involved in the lawsuit. This also includes sworn statements that are recorded and used in trial.

A doctor has violated their professional duty in the event that they did something a reasonable and prudent doctor would not have done under 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 causal proximate causes. For example, a patient goes to the hospital for a procedure to treat a hernia and is later told that he or her gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, referred to as the statute of limitations which varies by state. The victim must prove that the care provided was substandard and caused injury and then prove how much monetary compensation he or she is entitled to.

Damages

You deserve to be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can assist you in obtaining an adequate and fair amount of compensation for your loss.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then proceed to discovery, a procedure in which documents and statements are made public under the oath. Medical records and doctor's notes are typically requested during discovery.

In the majority of states, to receive compensation for injuries caused by malpractice, you need to prove four things that include a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages caused by the injury. If your attorney can establish all of these elements, you will have an extremely strong case for financial compensation in a claim for medical malpractice.

In some instances the court could make punitive damages a possibility, which is meant to penalize a wrongdoer and discourage others from committing similar acts. This isn't often however, in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to make these extraordinary awards.