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A patient who finds an object that is foreign, for example, surgical clamps in her body following gall bladder surgery may sue for medical negligence. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.
Our clients must establish a direct connection between the breach of duty and the injury. This is known as the proximate cause.
Causes of Injury
A medical malpractice case can be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. Depending on the circumstances this may be the spouse of the patient, an adult child or parent, guardian ad litem or the executor or administrator of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.
Expert testimony is typically required in malpractice cases. Medical experts are required to testify whether or whether the health professional adhered to the standards of care for their specific area. They also need to testify on the injury caused by the doctor's actions or inactions.
The consequences of negligence and mistakes can be devastating. For instance, a misdiagnosis of a health issue could have life-threatening effects. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.
To prove a malpractice case the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach of this duty; a resultant injury; and damages. In certain states, such as New York, the law puts a limit on amount that can be awarded in an action for malpractice.
Causation
The injury element is also called the causation. It is one of most important aspects of a medical malpractice claim. To prove causation the plaintiff must demonstrate that they sustained their injury on a balance of probabilities due to of the negligence of the doctor. This can be a difficult task due to a variety of reasons.
Many of the injuries that form the basis for a medical negligence lawsuit stem from long-term illnesses or illnesses that existed before treatment began. The statute of limitations on a medical malpractice case could be extended over the course of several years, and injuries can develop slowly.
In these instances, it is difficult to prove that a particular medical professional's failure to adhere to the standards of care caused the injury. However, the patient who was hurt could be able to make use of evidence gathered by the attorney, such as medical documents and expert testimony.
During the discovery process, which is a part of the legal procedure prepping for trial, your lawyer will seek disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor defending the lawsuit is then asked to give evidence during deposition, which is testimony under oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will then decide whether the plaintiff has established the necessary elements of their claim, which includes the duty of care, breach, causation and injury.
Negligence
The plaintiff must convince the jury when bringing a claim for medical malpractice in court, that it is more likely that the doctor did not fulfill his or her duties as physician and that the breaches resulted in injury. The plaintiff's attorney must prove this by using evidence gathered during discovery. This includes seeking documents, such as medical records, from all parties involved in a lawsuit. Depositions, in which statements are made under oath and recorded for trial, are also part of this procedure.
A doctor has violated their professional duty by doing something that a reasonable prudent physician would not have done under the same circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. For instance, a patient goes to the hospital for a hernia surgery and is later told that he or the gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.
Medical malpractice lawsuits must be filed within a legally-defined period of time, medical malpractice Lawsuits called the statute of limitations, which is different for each state. The injured patient has to prove that the negligent treatment caused injury, and then they have to prove the amount of compensation they deserve.
Damages
If medical negligence has led you to suffer injury, you deserve to be compensated. Scaffidi & Associates can help you get fair and complete compensation for your losses.
The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties are involved in discovery. This is in which documents and declarations are presented under the oath. During discovery medical records and doctor's notes are usually requested.
In the majority of states, you need to establish four elements to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these elements, you will have an argument for financial compensation in a medical malpractice case.
In certain instances the court can decide to award punitive damages. These are designed to punish the wrongdoer and deter others from engaging in the same conduct. However, this isn't the norm in medical malpractice cases, as the courts require extremely precise proof of malice before they can give these extraordinary awards.
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