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A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery may make a claim for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.
It is important for our clients to establish a direct connection between the breach of duty and the resulting injury, known as proximate causation.
Causes of Injury
A medical malpractice case can be filed by the injured patient or by a person legally appointed to represent them. This could be the spouse or adult child parent, guardian, or administrator of a deceased patient's estate depending on the specific circumstances. The plaintiff in a lawsuit for sierra vista medical malpractice attorney malpractice is the health professional. This could be a nurse, doctor, therapist or any other licensed health care professional.
Malpractice cases usually involve the testimony of experts. Medical experts are required to provide evidence to prove that the doctor performed his duties in accordance with the standard of care in their special area of expertise. They must also testify regarding injuries caused by doctor's actions or inactions.
The injuries that result from malpractice and negligence can be extremely serious. A misdiagnosis can have serious consequences, including an illness that could be life-threatening. Other types of injuries can include operating on the wrong body part or putting surgical instruments in the patient.
To establish a malpractice case the patient must demonstrate four legal elements: a duty the physician owed to them; a breach in this duty; a resultant injury and damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded in an action for malpractice.
Causation
The injury element, also known as causation, is one of the most crucial elements in medical malpractice cases. To establish causation, the plaintiff must show that they suffered their injury on the basis of probabilities as a result due to the negligence of the doctor. This is a challenging task for several reasons.
For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing conditions that were present before treatment began. The time period for filing a medical malpractice lawsuit can be extended for a number of years, and injuries can develop slowly.
In these cases it is often difficult to prove that one particular medical professional's failure to adhere to the standard of care caused the injury. However, the patient who is afflicted could be able to use the evidence gathered by the attorney, like medical records and expert testimony.
During the discovery process, which is a component of the legal process for getting ready for trial, your lawyer could seek disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the lawsuit will then be asked to testify during deposition, which is testimony under oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will decide whether the plaintiff has substantiated the elements of the case including breach of duty, breach of contract and causation.
Negligence
If a medical malpractice lawsuit 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 obligations and that those breached duties caused injuries. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This process also involves sworn statements that are recorded and used at trial.
A doctor has violated the professional duties of a doctor in the event that he or her did something that a reasonable prudent doctor would not do under similar circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is referred to as causation, or causal proximate causes. For instance when a patient is taken to the hospital for a procedure to treat a hernia and then has his or his gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.
Medical malpractice lawsuits must be filed within a legally regulated period of time, called the statute of limitations, that varies from state to state. The injured patient must establish that the negligent care resulted in injury, and then he or she must show how much compensation they are entitled to.
Damages
If medical negligence caused you to suffer injury, you should be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your loss.
The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then engage in discovery, in which documents and statements are made public under an oath. Medical records and doctor's notes are typically requested during discovery.
In most states, you must prove four things to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal link between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, you will have an excellent case for financial recovery in a medical negligence claim.
In certain instances, the court may decide to award punitive damages that is designed to punish the wrongdoer and deter others from engaging in similar misconduct. It is not common however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they are able to make these extraordinary awards.
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