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How to File a Medical Malpractice Case

If a patient discovers 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 demonstrate the elements of medical negligence: duty, deviation from this duty and direct cause.

It is vital for our clients to establish a direct connection between the breach of duty and the damage that is known as proximate causation.

The reason for injury

A medical malpractice claim can be filed either by the person who suffered the injury or an attorney. Depending on the circumstances this could be the spouse of the patient or an adult child, parent, a guardian ad Litem or Medical malpractice lawsuits the executor or administrator of the estate of the deceased patient. The plaintiff in a medical malpractice suit is the health professional. This could be a licensed doctor, nurse or therapist.

Expert testimony is often required in cases of malpractice. Medical experts must testify as to whether or not the health care provider followed the standard of care in their specific field. They also have to testify about the harm caused by the physician's actions or inactions.

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

In order to prove a malpractice case the patient has to prove four legal elements: a duty that the doctor owed to them; a breach of 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 referred to as causation is one of the most important elements in medical malpractice cases. To prove causation the plaintiff must prove that they suffered their injury on the balance of probabilities as a result of the negligence of the doctor. This can be a challenging task for several reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit stem from long-term conditions or ongoing conditions that existed prior to when treatment started. The time period for filing a medical malpractice case could be extended over the course of several years and the development of injuries can happen slowly.

In these instances, proving that a medical professional's violation of the standard of care which led to the injury can be difficult. The attorney could have collected evidence, like medical records and expert testimony that the patient who was injured could use.

During the discovery process, which is a component of the legal procedure prepping for trial, your lawyer can seek disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor Medical malpractice lawsuits defending the lawsuit will be called to testify during a deposition, which is testimony that is under the oath. Your lawyer may cross-examine the doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has proved that the allegations of the case are true which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice to show that it is likely that the doctor acted in violation of his or her obligations as physician and that the violations caused injury. The plaintiff's lawyer must be able to prove this by utilizing evidence obtained during discovery. This includes seeking documents, such as medical records, from all parties involved in a lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has violated the professional duties of a doctor when he/she did something that a reasonably prudent physician would not do in the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. For example the patient is admitted to the hospital for a procedure to treat a hernia and is then able to have his or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally-defined period of time, also known as the statute of limitations, which is different for each state. The victim must show that the inadequate treatment caused injury, and then they must prove what monetary compensation they're entitled to.

Damages

If medical negligence has caused you to suffer injury, you are entitled to be compensated. At Scaffidi & Associates, we can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then begin discovery, a procedure in which documents and declarations are made public under the oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, to get compensation for injuries caused by malpractice, you have to prove four things including a duty of good faith due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you'll have a strong case.

In certain cases courts may give punitive damages, which are designed to punish the wrongdoer and deter others from engaging in similar misconduct. But, this isn't often the case in medical malpractice cases as courts require clear evidence of malice to award these extraordinary awards.