• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps in her body after gall bladder surgery is able to bring a lawsuit against a doctor for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

Our clients must establish a direct connection between the breach of duty, and the injury. This is referred to as proximate cause.

The reason for injury

A medical malpractice claim can be filed by the injured person or a person legally designated to represent them. It could be the spouse or adult child or parent, guardian or administrator of a deceased patient's estate, depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

Expert testimony is usually required in malpractice cases. Medical experts must determine if the healthcare provider acted within the standard of treatment in their specific field of expertise. They must also testify as to the harm that was caused by the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be very severe. For example, a mistake in the diagnosis of a health condition can result in life-threatening consequences. Other types of injuries include operating on the wrong body part or putting surgical instruments in the patient.

In order to prove a malpractice claim, the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty; a subsequent injury and damages. In some states, such as New York, the law puts a limit on amount that can be awarded for an action for malpractice.

Causation

The element of injury is known as the causation. It is among the most crucial aspects of a medical malpractice law firms malpractice claim. To prove causation, the plaintiff must prove that they sustained the injury based on a balance of probabilities because of the physician's negligence. This can be a difficult task for a number of reasons.

A lot of the injuries that form the basis for medical malpractice law firms negligence lawsuits result from long-term illnesses or conditions which were present before treatment began. The statute of limitations on a medical malpractice lawsuit can be extended for a number of years, and injuries can develop slowly.

In these situations, it is difficult to prove that a certain medical professional's violation of the standard of care led to the injury. The attorney may have gathered evidence, including medical records and expert testimony that the injured person can utilize.

During the discovery procedure that is part of the legal process for preparing for a trial, your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be asked to give evidence during a deposition, which is testimony that is under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proved the essential elements of their case such as duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice, that it is more than likely that the doctor did not fulfill his or her obligations as a doctor and that these violations caused injury. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This process also involves swearing statements that are recorded and used at trial.

A doctor has violated their professional obligation in the event that they did something reasonable and prudent doctors would not have done in similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is called causation or proxy causes. A patient could visit a hospital to repair a hernia and instead, have their gall bladder removed. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within the legal time frame, also known as the statute of limitations. This differs from state to state. The injured patient has to show that the inadequate treatment caused injury, and they must prove what monetary compensation they are entitled to.

Damages

You should be compensated for any injuries you have suffered as a result of medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve a summons and complaint to all defendants named in the lawsuit. The parties participate in discovery. This is a procedure which involves the disclosure of documents and statements made public under oath. During discovery, medical records and notes from a doctor will usually be requested.

In most states, you must prove four things to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements of a medical negligence claim, you will have an impressive case.

In some cases courts may make punitive damages available, which are intended to punish the culprit and deter others from engaging in similar misconduct. This isn't often however, in medical malpractice cases. The courts must have very clear evidence of malice before they may award these extraordinary damages.