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A patient who discovers an object that is foreign, for example, [Redirect Only] surgical clamps inside her body after gall bladder surgery is able to bring a lawsuit against a doctor for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.
Our clients must establish a direct link between the breach of duty and the injury. This is known as the proximate cause.
Cause of Injury
A medical malpractice claim may be filed by the person who was injured or an attorney. This could be the spouse, adult child parent, guardian, or administrator of a deceased patient's estate depending on the specific circumstances. In a medical malpractice case, [Redirect-302] the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health professional.
Expert testimony is often required in malpractice cases. Medical experts must provide evidence to prove that the doctor did what was required of care in their specific area of expertise. They must also testify as to the harm that was caused by the doctor’s actions or inactions.
The consequences of negligence and mistakes can be catastrophic. For instance, a wrong diagnosis of a health issue could result in life-threatening consequences. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.
To prove a malpractice claim the patient must prove four legal elements: a duty the doctor owed to them; a breach of this duty; a subsequent injury; and damages. In some states, like New York, the law puts a limit on amount that can be awarded for a malpractice claim.
Causation
The injury element, also known as causation, is one the most important aspects of 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 a physician. This is a challenging task due to several reasons.
For instance, a lot of injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing illnesses that were present before treatment began. The time-limit for a medical malpractice law firm malpractice case can be extended for a number of years and the development of injuries can happen slowly.
In these cases the proof that a medical professional's failure to adhere to the standard of care led to the injury can be difficult. However, the patient who is afflicted might be able use the evidence collected by the attorney, such as medical documents and expert testimony.
During the process of discovery, which is a part of the legal process for the preparation of a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to appear in a deposition. This is a declaration that's given under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their case, including the duty of care, breach, causation and injury.
Negligence
If a Medical malpractice Law firm malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional obligations and that those breaches resulted in harm. The plaintiff's attorney has to prove this by using evidence obtained during discovery. This includes soliciting documents, including medical records and other records from all parties in a lawsuit. The process also involves swearing statements that are recorded and used at trial.
A doctor has breached their professional obligation if they did something a reasonable and prudent doctor would not have done in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is referred to as causation, or the proximate cause. A patient might go to the hospital in order to have a hernia fixed, but end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.
Medical malpractice lawsuits must be brought within a legally-defined time frame, known as the statute of limitations, which varies according to the state. The victim must prove that the care provided was substandard and caused injury and then demonstrate the amount of compensation they are entitled to.
Damages
If a medical error has caused you to suffer injury, you have the right to be made whole. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.
The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then proceed to discovery, in which documents and statements are made public under the oath. Medical records and the notes of a doctor are typically requested during discovery.
In the majority of states, you need to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal relationship between the breach and the patient's injury and damages resulting from the injury. If your attorney can demonstrate all of these aspects of a medical negligence claim, you'll have a strong case.
In certain cases the court can decide to award punitive damages. These are designed to punish the culprit and deter others from engaging in the same conduct. But, this isn't often the case in medical malpractice cases since courts require clear evidence of malice to give these extraordinary awards.
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