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A patient who discovers that a foreign object like surgical clamps, remain inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.
Our clients must establish a direct connection between the breach of duty, and the injury. This is referred to as the proximate reason.
Cause of Injury
A medical malpractice claim can be filed by the victim or an attorney. Depending on the circumstances it could be the spouse of the patient, an adult child or parent, guardian ad litem or the administrator or executor of the estate of the deceased patient. The plaintiff in a medical malpractice lawsuit is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.
Malpractice cases usually involve many expert witnesses. Medical experts are required to be able to testify that the health care provider was acting in accordance with the standards of treatment in their particular field of expertise. They must also testify regarding the harm caused by the physician's actions or actions or.
Injuries that result from malpractice or negligence can be very severe. For example, a misdiagnosis of a health condition can have life-threatening effects. Other types of injuries can be caused by operating on an incorrect body part or putting surgical instruments in the patient.
In order to establish a malpractice claim the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach in the breach; a resulting injury and damages. In some states, like New York, the law sets a limit on the amount of money that can be awarded for an injury resulting from a malpractice claim.
Causation
The injury element, also known as causation is one of the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must demonstrate that they suffered an injury on a balance of probabilities due to due to the negligence of the doctor. This is a difficult task due to a variety reasons.
For instance, medical malpractice 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 statute of limitations on a medical malpractice case can be extended over a period of time and injuries may develop slowly.
In these instances, proving that a medical professional's failure to adhere to the standard of care which led to the injury is a challenge. The attorney could have collected evidence, including expert testimony and medical records that the injured person can utilize.
During the discovery process, which is a part of the legal process for preparing for trial, your lawyer will ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the case will be required to give a deposition. This is a testimonies that is made under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proved the necessary elements of their case, including duty, breach, causation and injury.
Negligence
The plaintiff must convince jurors, in a case of medical malpractice in court, that it is more likely that the physician violated his or her duties as medical professional and that these breaches resulted in injury. The lawyer for the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which includes seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. This process also involves the recording of sworn statements and used at trial.
A doctor has breached their professional obligation if they did something a reasonable and prudent doctor would not have done under the same circumstances. It must be established that the breach caused injury directly to the patient. This is known as causation or the proximate cause. For example, a patient goes to the hospital for a procedure to treat a hernia and is later told that he or her gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.
Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations which varies by state. The victim must prove that the negligence resulted in injury, and then prove the amount of financial compensation he or she deserves.
Damages
You should be compensated for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your losses.
The first step is to file and serve the complaint and summons to all defendants named in the lawsuit. The parties then begin discovery, in which documents and statements are made public under the oath. Medical records and doctor's notes are typically requested during discovery.
In most states, to be eligible for compensation for injuries incurred by malpractice, you have to establish four elements that include a duty of care 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 lawyer can demonstrate all of these elements in a medical malpractice claim, you'll have a convincing case.
In some cases the court might make punitive damages a possibility that is designed to penalize a wrongdoer and deter others from engaging in similar acts. This is rare however, in medical malpractice cases. The courts must have very clear evidence of malice before they are able to award these extraordinary damages.
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