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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her like surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawyers malpractice lawsuit. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from the duty, and direct reason.

It is essential for our clients to establish a direct link between the breach of duty and the harm which is referred to as proximate cause.

Cause of Injury

A medical malpractice lawsuit can be filed by the injured patient or a person who is legally authorized to act on their behalf. Depending on the circumstances this could be a spouse of the patient or an adult child, parent, guardian ad-litem or administrator or executor of the estate of the patient who died. The plaintiff in a medical malpractice lawsuit is the health professional. This could be an accredited doctor, nurse or therapist.

Malpractice cases usually involve a lot of expert testimony. Medical experts are required to testify whether or not the health care provider was in compliance with the standard of care for their specific area. They must also testify to the harm caused by the doctor’s actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. For instance, a wrong diagnosis of a health issue could cause life-threatening complications. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

To prove a malpractice claim the patient must prove four legal elements: a duty that the doctor owed to them; a breach of the breach; a resulting injury; and damages. In certain states, such as New York, the law places a limit on the amount of money that could be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also known as causation, is one of the most important aspects of a medical malpractice case. To establish causation, the plaintiff must show that they sustained the injury on the balance of probabilities due to of the negligence of the doctor. This is a difficult task due to a variety of reasons.

For example, many injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing illnesses that were present before treatment began. The time-limit for a medical malpractice case could be extended over the course of several years and injuries can 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 difficult. The attorney may have collected evidence, including expert testimony and medical records, that the injured patient may use.

During the discovery process which is an element of the legal process the preparation of a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be required to take a deposition. This is a testimonies that is given under an oath. Your lawyer is able to cross-examine doctor and challenge their conclusions. The jury will then decide if the plaintiff has proved the necessary elements of their case including duty, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and those breaches caused harm. The plaintiff's attorney must be able to prove this by utilizing evidence gathered during pretrial discovery. This involves soliciting documents, including medical records, from all parties involved in a lawsuit. Depositions, wherein statements are made under oath and recorded for use in trial, are also a part of this process.

A doctor has violated their professional duty by doing something that an ordinary prudent doctor would not have done in similar circumstances. It must be proven that the breach caused the injury directly to the patient. This is known as causation or causal proximate causes. Patients may go to the hospital to repair a hernia however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legal timeframe, also known as the statute of limitations. This varies from state to state. The victim must prove that the substandard care resulted in injury, and then he or she must show how much compensation he or she deserves.

Damages

If medical negligence caused you to sustain an injury, you have the right to be compensated. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties participate in discovery. This is where documents and statements are revealed under an oath. During discovery, medical records and notes from a doctor will usually be requested.

In most states, to receive compensation for injuries sustained by negligence, you must to establish four elements: a duty of care owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages that result from the injury. If your attorney can prove all these aspects of a medical negligence claim, you will have a strong case.

In certain cases courts may make punitive damages available, which are intended to penalize the perpetrator and discourage others from engaging in the same conduct. However, this isn't the norm in medical malpractice cases, as courts require specific proof of malice to give these extraordinary awards.