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How to File a opa locka medical malpractice lawsuit Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, remains inside her body following gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

It is important for our clients to establish a direct causal connection between the breach of duty and the resulting injury that is known as proximate causation.

The reason for injury

A medical malpractice claim can be filed by the injured person or by a person legally appointed to act on their behalf. This could be a spouse or adult child, parent, guardian or administrator of the estate of a deceased patient, depending on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is often required in cases of malpractice. Medical experts must be able to testify that the medical professional performed his duties in accordance with the standard of medical care within their specific field of expertise. They must also testify to the harm caused by the actions or inactions of a doctor.

Injuries that result from malpractice or negligence can be extremely serious. A mistake in diagnosis can have devastating consequences, like life-threatening conditions. Other types of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

In order to establish a malpractice claim the patient has to prove four legal elements: a duty that the doctor owed them; a breach in the breach; a resulting injury; and damages. In certain states, like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also known as causation, is one the most crucial elements in medical malpractice cases. To establish causation the plaintiff must prove that the injury was the result of the doctor's negligence. This is a challenging task for several reasons.

Many of the injuries that form the basis for a medical negligence lawsuit stem from chronic issues that existed before treatment began. Often the statute of limitations for a medical malpractice claim extends out over a number of years, and injuries can develop gradually.

In these instances the proof that a medical professional's failure to adhere to the standard of care and led to the injury can be difficult. The attorney could have collected evidence, including medical records and expert testimony, that the injured patient could use.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer can request disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor defending the lawsuit will then be asked to testify during a deposition, which is testimony given under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice, that it is more than likely that the doctor vimeo did not fulfill the obligations of medical professional and that these actions led to injury. The lawyer for the plaintiff must demonstrate this by presenting evidence through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. This process also includes sworn statements that are recorded and used in trial.

A doctor has breached their professional obligation by doing something that an ordinary prudent doctor would not have done in similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation, or causal proximate causes. For instance, a patient goes to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, referred to as the statute of limitations which varies according to the state. The person who suffered the injury must prove that the negligent treatment caused injury, and then they have to prove the amount of compensation they are entitled to.

Damages

If medical negligence has led you to suffer an injury, you are entitled to be made whole. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties are involved in discovery. This is a process where documents and statements are made public under oath. During discovery, medical records and notes from a doctor are typically requested.

In the majority of states, you must demonstrate four elements in order to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal relationship between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these elements, you can make a an extremely strong case for financial compensation in a claim for medical malpractice.

In certain cases the court could decide to award punitive damages, which is meant to punish a wrongdoer, and discourage others from committing similar misconduct. However, this is rare in medical malpractice cases as the courts require extremely specific proof of malice to award these awe-inspiring awards.