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How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, remain inside her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from the duty, and direct cause.

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

Cause of Injury

A medical malpractice claim can be filed either by the victim or a legal representative. Based on the circumstances, this may be the spouse of the patient or an adult child parent, guardian ad litem, or the administrator or executor of the estate of the deceased patient. The defendant in a lawsuit for medical malpractice is the health professional. This could be a doctor, nurse or therapist, or any other licensed health professional.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify on whether or whether the healthcare provider was in compliance with the standard of care for their specific area. They also need to testify on injuries caused by physician's actions or inactions.

The consequences of malpractice and negligence can be very severe. A misdiagnosis could have grave consequences, such as the possibility of a life-threatening illness. Other types of injuries can involve operating on the wrong body part or putting surgical instruments in the patient.

To establish a malpractice case the patient has to prove four legal elements: a duty the physician owed to them; a breach of this duty; a resultant injury; and damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded for an action for malpractice.

Causation

The injury element, also known as causation, is one the most important aspects of a medical malpractice case. To establish causation, the plaintiff must prove that their injury was caused by the physician's negligence. This can be a challenging job due to a variety of reasons.

Many of the injuries that are the basis of a medical negligence lawsuit stem from long-term illnesses or illnesses that existed before treatment began. Often, the statute of limitations for a medical negligence claim extends out over a number of years, and the injuries can develop gradually.

In these cases, it is difficult to prove that a particular medical professional's breach of standard of care caused the injury. However, the person who was harmed might be able use the evidence collected by the attorney, such as medical documents and expert testimony.

During the discovery process, which is an integral part of the legal procedure for preparation for trial, your lawyer will ask for the disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor defending the lawsuit will then be required to testify in a deposition, which is testimony that is under an oath. Your lawyer will be able to cross-examine doctor and challenge their conclusions. The jury will then decide whether the plaintiff has proven the essential elements of their case including obligation, breach, causation and injury.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor violated professional duties and those breaches resulted in injuries. The plaintiff's lawyer must demonstrate this by presenting evidence through pretrial discovery, which entails the disclosure of documents, including medical records from all parties involved in the lawsuit. This process also includes sworn declarations that are recorded and used in trial.

A doctor has violated his or her professional obligations if he or she did something that a reasonably prudent doctor medical malpractice attorney would not do under similar circumstances. However it must be established that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient could visit the hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical malpractice law firm malpractice attorney (vimeo.com) negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated period of time, called the statute of limitations which varies according to the state. The victim must prove that the negligent treatment resulted in injury, and after that they must prove what monetary compensation they deserve.

Damages

If medical negligence caused you to sustain an injury, you should be compensated. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties participate in discovery. It is a process which involves the disclosure of documents and statements presented under an oath. During discovery medical records and notes from a doctor are typically requested.

In the majority of states, you need to establish four elements to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal link between the breach and the injury suffered by the patient 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 certain cases, courts can decide to award punitive damages. These are intended to punish the wrongdoer and deter others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases, as the courts require extremely evident proof of malice in order to give these extraordinary awards.