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A patient who finds that an object foreign to the body like surgical clamps, remains inside her body following gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.
It is crucial for our clients to establish a direct causal connection between the breach of duty and the damage called proximate causation.
Causes of Injury
A medical negligence case may be initiated by the patient who was injured or a person legally designated to act on their behalf. This could be the spouse, adult child guardian, parent or administrator of the estate of a deceased patient depending on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.
Expert testimony is often required in malpractice cases. Medical experts are required to testify whether or the medical professional adhered to the standards of treatment for their particular field. They must also testify as to the harm that was caused by the actions or inactions of a doctor.
The consequences of malpractice and negligence can be very serious. For example, a misdiagnosis of a health issue could result in life-threatening consequences. Other types of injuries can involve operating on the wrong body part or putting surgical instruments in the patient.
The patient must prove four legal elements in a malpractice case that include a duty owed to the patient by the doctor and a breach of this duty; an injury caused by the breach and resulting damages. In certain states like 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 crucial elements in a medical negligence claim. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This is a challenging task due to several reasons.
Many of the injuries that are the basis for a medical negligence lawsuit stem from long-term or ongoing conditions that existed prior to when treatment started. The time-limit for a medical malpractice case could be extended for a number of years and the development of injuries can happen slowly.
In these cases it is difficult to prove that a medical professional's breached the standard of care which led to the injury is a challenge. The attorney could have gathered evidence, such as expert testimony and medical records which the injured patient can utilize.
During the discovery process, which is a component of the legal procedure for preparation for trial, your lawyer may ask for the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is defending the case will be required to give a deposition. This is a declaration that's given under oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will decide then if the plaintiff has proved the essential elements of their case including duty, breach, causation and injury.
Negligence
When a medical malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional obligations and that those violations caused injury. The plaintiff's lawyer must demonstrate this using evidence obtained during discovery. This includes soliciting documents, including medical records, from all parties involved in a lawsuit. Depositions, in which the statements are made under oath, and recorded to be used at trial, are also a part of this procedure.
A doctor violated his or her professional obligation when he or she did something that a prudent doctor would not do under similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient could visit a hospital to repair a hernia, but instead end up having their gall bladder removed. This is medical negligence as the removal was not beneficial for the patient.
Medical malpractice suits must be filed within the legal time frame, also known as the statute of limitations. This differs from state-to-state. The person who has suffered injury must prove that the care provided was substandard and caused injury, and then he or she must show how much compensation he or her deserves.
Damages
You are entitled to compensation for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.
The first step in a lawsuit is to make a complaint and serve it as well as summons and Medical Malpractice other documents on all defendants. The parties participate in discovery. This is a process where documents and evidence are disclosed under an oath. During discovery, medical records and doctor's notes are usually requested.
In most states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements including a duty of good faith that is due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resultant from the injury. If your attorney can establish all of these elements, you will have an argument for financial compensation in a medical malpractice claim.
In certain cases, Medical Malpractice courts can make punitive damages available, which are intended to penalize the offender and deter others from engaging in similar misconduct. This isn't often however, in medical malpractice cases. The courts must have a clear evidence of malice before they may award these extraordinary damages.
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