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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body after gall bladder surgery may make a claim for medical negligence. A successful claim must establish the legal aspects of medical negligence: duty, deviation 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 the proximate cause.

Cause of Injury

A medical negligence case may be filed by the person who has been injured or by a person legally appointed to represent them. Depending on the circumstances, it could be the spouse of the patient or an adult child parent, guardian ad-litem or administrator medical malpractice or executor of the estate of the patient who died. In a medical malpractice case, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health care professional.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts must be able to testify that the medical professional did what was required of medical care within their special area of expertise. They must also testify regarding the harm caused by the physician's actions or actions or.

Accidents caused by negligence or mistakes can be devastating. For example, a mistake in the diagnosis of a health problem could have life-threatening consequences. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

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

Causation

The injury element, also referred to as causation, is one of the most important elements of a medical malpractice lawyers malpractice case. To prove causation, the plaintiff must show that they suffered their injury on the balance of probabilities due to of the negligence of a physician. This can be a challenging job due to a variety of reasons.

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

In these cases, proving that a medical professional's breach of the standard of care that led to the injury is difficult. The attorney may have gathered evidence, including medical records and expert testimony, that the injured patient may use.

During the discovery process, which is a component of the legal procedure preparing for trial, your lawyer could request disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the lawsuit will then be required to testify in a deposition, which is the testimony under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the facts of the case including breach of duty and causation.

Negligence

When a medical malpractice claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that the violations caused harm. The plaintiff's attorney must be able to prove this by utilizing evidence gathered during pretrial discovery. This includes requesting documents, including medical records as well as other documents from all parties in a lawsuit. This process also involves sworn declarations that are recorded and used at trial.

A doctor has violated their professional obligation in the event that they did something an ordinary prudent doctor would not have done under similar circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or proximate cause. A patient may visit the hospital to repair a hernia however, they end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, called the statute of limitations which varies according to the state. The person who has suffered injury must prove that the negligent care resulted in injury, and then prove the amount of financial compensation he or she deserves.

Damages

If medical negligence has caused you to suffer an injury, you have the right to be compensated. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve 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 participate in discovery. It is a process where documents and statements are made public under the oath. Medical records and the notes of the doctor are usually requested during discovery.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the duty; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these elements, you have a strong case for financial compensation in a medical negligence claim.

In certain cases, a court may decide to award punitive damages. These are intended to punish the culprit and deter others from engaging in similar misconduct. It is not common, however, in medical malpractice cases. The courts must have very clear evidence of malice before they can give these extraordinary damages.