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How to File a Medical Malpractice Case

If a patient discovers that an object that is foreign, such as surgical clamps, remains inside her body after gall bladder surgery can file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Causes of Injury

A medical malpractice claim can be filed by the victim or an attorney. This could be a spouse, adult child, parent, guardian or administrator of a deceased patient's estate depending on the circumstances. In a medical malpractice case the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts are required to determine if the medical professional was acting in accordance with the standards of treatment in their particular field of expertise. They must also testify to the damage caused by the doctor’s actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. For instance, a wrong diagnosis of a medical condition could have life-threatening consequences. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

In order to establish a malpractice case the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty; a subsequent injury; and damages. In certain states, such as New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important aspects of medical malpractice cases. To prove causation, the plaintiff must show that they sustained the injury on the balance of probabilities as a result of the negligence of a physician. This can be a challenging task due to a variety of reasons.

Many of the injuries that are the basis for a medical negligence suit result from long-term conditions or ongoing conditions which were present before treatment began. Often the statute of limitation for a medical negligence claim is extended over a period of years, and the injuries may develop slowly.

In these instances it is difficult to prove that a medical professional's breach of the standard of care that led to the injury is not easy. The attorney may have gathered evidence, including medical records and expert testimony that the injured person could use.

During the process of discovery as part of the legal procedure for preparation 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 depositions, which are testimony under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case, including duty, breach and causation.

Negligence

If a medical malpractice lawsuit (Learn Alot more Here) is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those violations caused harm. The attorney representing the plaintiff must prove this by using evidence collected during discovery. This involves soliciting documents, including medical malpractice lawyers records, from all parties involved in a lawsuit. Depositions, in which the statements are made under oath and recorded for use at trial, are also part of this procedure.

A doctor has breached their professional obligation by doing something that a reasonable prudent physician would not have done in similar circumstances. It must be proved that the breach caused the injury directly to the patient. This is referred to as causation, or the proximate cause. Patients may go to the hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder 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 victim must prove that the care provided was substandard and caused injury, and then he or she must show how much compensation they are entitled to.

Damages

If medical negligence caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties are involved in discovery. This is which involves the disclosure of documents and statements revealed under an oath. During discovery, medical records and doctor's notes are usually requested.

In most states, you need to prove four things in order to be compensated for any injuries caused by medical malpractice which includes a duty to the healthcare provider in breach of that duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can demonstrate all of these elements in a medical malpractice claim, you will have a convincing case.

In some instances, courts can make punitive damages available, which are designed to punish the culprit and deter others from engaging in the same conduct. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they may give these extraordinary damages.