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A patient who discovers an object that is foreign, for example, surgical clamps inside her body following gall bladder surgery is able to sue for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.
It is essential for our clients to establish a direct relationship between the breach of duty and the resulting injury that is known as proximate causation.
The reason for injury
A aberdeen medical malpractice attorney negligence case may be filed by the injured patient or a person legally designated to represent them. Depending on the circumstances, it could be the spouse of the patient or an adult child, parent, guardian ad Litem or the administrator or executor of the estate of the patient who died. The defendant in a medical malpractice suit is the health care provider. This could be an accredited doctor, nurse or therapist.
Malpractice cases usually involve the testimony of experts. Medical experts must be able to testify that the medical professional was acting in accordance with the standards of treatment 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 malpractice and negligence can be very severe. For instance, a misdiagnosis of a health problem could result in life-threatening consequences. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.
The patient must prove four legal elements in a malpractice case: a duty owed to the patient by the physician and a breach of this obligation; an injury resulting by the breach and the consequential damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.
Causation
The injury element, also referred to as causation, is one of the most important aspects of medical malpractice cases. To establish causation the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a difficult job due to various reasons.
A lot of the injuries that form the basis for a medical negligence suit result from long-term conditions or ongoing illnesses that existed before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends over a number of years, and injuries may develop slowly.
In these cases it is necessary to prove that a medical professional's violation of the standard of care which led to the injury is not easy. The attorney could have collected evidence, like expert testimony and medical records, that the injured patient may use.
During the discovery process, which is part of the legal procedure for prepping for trial, your lawyer may request disclosure of expert testimony and other evidence from defendants' attorneys. The doctor who is defending the lawsuit will be asked to testify during a deposition, which is testimony under an oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will decide if the plaintiff has proven the elements of the case including breach of duty, breach of contract and causation.
Negligence
When a medical negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional duties and that those breaches resulted in injuries. The plaintiff's lawyer has to demonstrate this with evidence gathered through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath, and recorded to be used at trial, are also a part of this process.
A doctor violated his or her professional obligations when he/she did something that a reasonably prudent doctor would not do under the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proxy causes. For instance when a patient is taken to the hospital for a hernia surgery and is then able to have his or the gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.
Medical malpractice lawsuits must be filed within a legally prescribed period of time, also 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 then he or she must prove how much monetary compensation they are entitled to.
Damages
You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.
The first step is filing and able.extralifestudios.com serving a complaint and summons hastings on hudson medical malpractice attorney all named defendants in the lawsuit. The parties then proceed to discovery, a procedure in which documents and statements are disclosed under oath. During discovery, medical records and notes from a doctor are typically requested.
In most states, you have to establish four elements to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can prove all of these aspects of a medical negligence claim, you'll have an impressive case.
In some instances, courts can award punitive damages, which are designed to punish the perpetrator and discourage others from engaging in similar conduct. This is not the norm however, in medical malpractice cases. The courts must have clear evidence of malice before they can award these extraordinary damages.
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