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A patient who finds a foreign object such as surgical clamps within her body after gall bladder surgery may sue for medical negligence. A successful claim has to prove the elements of medical negligence: duty, deviation from this duty and direct cause.
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 victim or an attorney. Based on the specific circumstances, this could be a spouse of the patient, an adult child or parent, guardian ad-litem or administrator or executor of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health care professional.
Expert testimony is typically required in malpractice cases. Medical experts must be able to prove whether or not the health care provider adhered to the standards of treatment in their specific field. They must also testify regarding the injury caused by the physician's actions or actions or.
The consequences of negligence and negligence can be very serious. A misdiagnosis could have grave consequences, such as 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 establish four legal elements in a malpractice case: a duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach and the resulting damages. In some states such as New York the law limits the amount of money awarded in a case of malpractice.
Causation
The injury element, also referred to as causation, is among the most crucial elements in a medical malpractice case. To prove causation, the plaintiff must demonstrate that they sustained their injury on a balance of probabilities because of the negligence of the doctor. This can be a difficult job due to a variety of reasons.
For example, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were present before treatment began. Often, the statute of limitations for a medical malpractice claim extends out over a number of years and the injuries may develop slowly.
In these instances it is necessary to prove that a medical professional's violation of the standard of care led to the injury is not easy. However, the aggrieved patient may be able to use the evidence collected by the attorney, like medical documents and expert testimony.
In the discovery process, which is a part of the legal process preparation for a trial, your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be required to appear in a deposition. This is a statement which is under the oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will decide whether the plaintiff has established all the elements of the case which include breach of duty, breach and causation.
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 physician breached his or her professional duties and that those breached duties caused injuries. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also part of this process.
A doctor violated his or her professional obligations when he/she did something that a reasonably prudent doctor would not do in the same circumstances. However it must be established that the breach directly caused the injury to the patient. This is referred to as causation, or proximate causes. For example when a patient is taken to the hospital for a procedure to treat a hernia and ends up having his or the gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.
Medical malpractice lawsuits must be filed within a legally defined period of time, called the statute of limitations, which is different for each state. The victim must prove that the negligent care resulted in injury, and then he or she must demonstrate the amount of compensation he or she deserves.
Damages
If medical negligence has led you to suffer injury, you deserve to be made whole. At Scaffidi & Associates, we can help you receive full and fair compensation for your loss.
The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties then begin discovery, a procedure in which documents and declarations are made public under an oath. During discovery, medical records and doctor's notes are usually requested.
In most states, you have to prove four things in order to be compensated for the injuries caused by medical malpractice that is a duty owed by 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 attorney can prove all these elements of a medical negligence claim, you will have a strong case.
In certain cases, a court may give punitive damages, which are intended to penalize the culprit and deter others from engaging in the same conduct. However, this is rare in medical malpractice lawsuits malpractice cases since courts require specific proof of malice to make these extraordinary awards.
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