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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, remain inside her body after gall bladder surgery may bring a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is referred to as proximate cause.

Cause of Injury

A medical malpractice claim can be filed by the injured person or a person who is legally authorized to represent them. Depending on the circumstances, it could be the spouse of the patient or an adult child, parent, a guardian ad-litem or executor or administrator of the estate of the deceased patient. The defendant in a suit for medical negligence is the health care provider. It could be an accredited nurse, doctor or Medical Malpractice Compensation therapist.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts are required to provide evidence to prove that the medical professional did what was required of treatment in their special area of expertise. They must also testify to the damage caused by the actions or inactions of the doctor.

The consequences of negligence and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, including an illness that could be life-threatening. Other kinds of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements in a malpractice claim: a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach; and the resulting damages. In some states, like New York, the law puts a limit on amount that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element is also known as the causation. It is one of most important elements in a medical Malpractice compensation - ivimall.com - negligence claim. To prove causation, the plaintiff must prove that they sustained their injury based on a balance of probabilities because of the physician's negligence. This is a difficult task due to a variety reasons.

Many injuries that are the basis for a medical negligence lawsuit result from chronic illnesses that existed before treatment started. The time limit for a medical malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these instances it is difficult to prove that a medical professional's breached the standard of care which led to the injury is not easy. The attorney may have gathered evidence, like medical records and expert testimony which the injured patient can utilize.

In the discovery process, which is a part of the legal process preparation for a trial, your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be required to take deposition. This is a declaration that is made under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated that the allegations of the case are true including breach of duty and causation.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor violated professional duties and those breaches resulted in harm. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which includes requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This also includes sworn statements that are recorded and used at trial.

A doctor has violated their professional duty by doing something that a reasonable prudent physician would not have done in similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is known as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and ends up having his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legal time frame, Medical malpractice compensation also known as the statute of limitations. This varies from state to state. The person who has suffered injury must prove that the negligent care caused injury and then show how much compensation he or she deserves.

Damages

If medical negligence caused you to suffer a traumatic injury, you deserve to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your losses.

The first step is filing and serving a summons and complaint to all named defendants in the lawsuit. The parties then proceed to discovery, a process by which documents and declarations are made public under oath. Medical records and doctor's notes are typically requested during discovery.

In many states, to be eligible for compensation for injuries incurred by malpractice, you have to prove four things: a duty of care owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resulting from the injury. If your lawyer can prove all these elements of a medical negligence claim, you will have a strong case.

In some instances courts may decide to award punitive damages. These are intended to punish the perpetrator and discourage others from committing the same offense. It is not common however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they may make these extraordinary awards.