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

How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps in her body after gall bladder surgery is able to bring a lawsuit against a doctor for medical malpractice. A successful claim must demonstrate the elements of medical negligence: duty, deviation from this duty and direct cause.

It is vital for our clients to establish a direct causal connection between the breach of duty and the injury called proximate causation.

Cause of Injury

A medical malpractice lawyer negligence case may be filed by the person who has been injured or a person who is legally authorized to act on their behalf. This can be the spouse or adult child parent, guardian, or administrator of the estate of a deceased person depending on the circumstances. The defendant in a medical malpractice lawsuit is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Malpractice cases usually require an abundance of expert testimony. Medical experts are required to testify on whether or not the health care provider followed the standard of care for their specific area. They also have to testify to the harm that was caused by the actions or inactions of the doctor.

Injuries caused by negligence and mistakes can be devastating. For instance, a misdiagnosis of a medical condition could cause life-threatening complications. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice case which include a duty to the patient by the physician and a breach of that obligation; an injury resulting by the breach and the resulting damages. In certain states, like New York, the law places a limit on the amount of money that can be awarded in an action for malpractice.

Causation

The injury element, also referred to as causation, is one the most important aspects of medical malpractice cases. To establish causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This can be a difficult task due to a variety reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already in the process of being treated prior to. Often, the statute of limitations for a claim involving medical malpractice extends over a variety of years, and the injuries can develop gradually.

In these situations, it is difficult to prove that one particular medical professional's failure to adhere to the standard of care caused the injury. However, the person who was harmed could be able to make use of the evidence collected by the attorney, such as medical records and expert testimony.

During the discovery procedure as part of the legal process for prepping for a trial your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is representing the case will be required to appear in a deposition. This is a declaration that's given under the oath. Your lawyer can cross-examine the doctor and contest their conclusions. The jury will then decide if the plaintiff has established the essential elements of their case including obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice in court, that it is more than likely that the doctor violated his or her duties as medical professional and that these actions led to injury. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor breached the professional duties of a doctor when he or she did something that a prudent physician would not do in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate cause. A patient might go to the hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, also known as the statute of limitations which varies by state. The patient who was injured must demonstrate that the treatment was substandard and caused injury, and they must show what compensation they deserve.

Damages

If a medical error has caused you to sustain an injury, you deserve to be compensated. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your losses.

The first step is filing and serving a summons and complaint to all defendants named in the lawsuit. The parties then proceed to discovery, a process by which documents and statements are revealed under oath. Medical records and the notes of the doctor are typically sought during discovery.

In the majority of states, to be eligible for compensation for injuries incurred through malpractice, you need to prove four things such as a duty of care that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages resulting from the injury. If your attorney can establish all of these elements, you will have an extremely strong case for financial compensation in a medical malpractice lawyer negligence claim.

In some instances, the court may decide to award punitive damages that is intended to punish the perpetrator and discourage others from committing similar acts. But, this isn't often the case in medical malpractice cases, since courts require precise proof of malice before they can make these extraordinary awards.