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A patient who discovers an object foreign to her body, such as surgical clamps inside her body following gall bladder surgery may file a lawsuit for medical negligence. A successful claim must establish the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.
Our clients must establish a direct connection between the breach of duty, and the injury. This is known as proximate cause.
Cause of Injury
A claim for medical malpractice can be filed by the person who suffered the injury or a legal representative. This could be the spouse, adult child or parent, guardian or administrator of an estate belonging to a deceased patient depending on the specific circumstances. In a case of medical malpractice the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.
Malpractice cases usually involve an abundance of expert testimony. Medical experts are required to be able to testify that the healthcare provider acted within the standard of care in their specific area of expertise. They must also testify to the harm resulting from the actions or inactions of a doctor.
The consequences of negligence and malpractice can be severe. A mistake in diagnosis can have devastating consequences, such as life-threatening conditions. Other kinds of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.
The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor and a breach of that obligation; an injury resulting by the breach and the consequential damages. In some states such as New York the law limits the amount of money that can be awarded in a malpractice case.
Causation
The injury element is known as the causation. It is among the most important aspects of a medical malpractice claim. To establish causation, the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a challenging task due to a variety reasons.
For instance, many injuries that are the basis of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were already present prior to treatment. The time-limit for medical malpractice cases can be extended over a period of time and injuries can develop slowly.
In these cases the proof that a medical professional's breached the standard of care and led to the injury is a challenge. The attorney could have collected evidence, including medical records and expert testimony that the injured person can use.
During the discovery process, which is part of the legal process for getting ready for trial, your lawyer can ask for the disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor who is representing the case will be required to give deposition. This is a testimonies that is given under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the necessary elements of their claim, which includes the duty of care, breach, causation and injury.
Negligence
If a medical 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 caused injury. The plaintiff's attorney has to prove this by using evidence gathered during discovery. This includes soliciting documents, including medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath, and recorded for use in trial, are also part of this procedure.
A doctor was in breach of his or her professional duty when he/she did something that a prudent physician would not do in similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. For instance the patient is admitted to the hospital for a procedure to treat a hernia and then has 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 brought within a legally defined time frame, known as the statute of limitations, which varies according to the state. The person who has suffered injury must prove that the substandard care caused injury, and medical malpractice lawsuits then show how much compensation he or her deserves.
Damages
If a medical error has caused you to suffer injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you to receive full and fair compensation for your losses.
The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties engage in discovery. It is a process where documents and statements are revealed under an oath. Medical records and the notes of a doctor are typically requested during discovery.
In most states, to receive compensation for injuries sustained 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 caused by the injury. If your attorney can prove all of these elements of a medical negligence claim, you'll have a strong case.
In some cases, a court may award punitive damages, which are designed to punish the wrongdoer and deter others from committing the same offense. But, this isn't often the case in medical malpractice cases as the courts require extremely precise proof of malice before they can award these awe-inspiring awards.
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