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If a patient discovers that an object foreign to the body like surgical clamps, remain inside her body following gall bladder surgery could bring a medical Malpractice law firms malpractice lawsuit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from the norm and direct reason.
It is important for our clients to establish a direct relationship between the breach of duty and the injury, known as proximate causation.
Causes of Injury
A claim for medical malpractice can be filed by the person who was injured or a legal representative. Based on the specific circumstances, this 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 deceased patient. In a medical malpractice case, the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.
Expert testimony is often required in cases of malpractice. Medical experts must testify as to whether or whether the health professional followed the standard of care for their particular area of expertise. They also have to testify about the injury caused by the doctor's actions or actions or.
Accidents caused by negligence or malpractice can be severe. For example, a misdiagnosis of a health issue could have life-threatening consequences. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.
The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the doctor and a breach of that obligation; an injury resulting by the breach; and the resulting damages. In certain states, such as New York, the law sets a limit on the amount of money that can be awarded for the malpractice claim.
Causation
The injury element, also known as causation, is one of the most important aspects of medical malpractice law firms malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This is a difficult task due to a variety of reasons.
A lot of the injuries that form the basis for a medical negligence lawsuit stem from long-term or ongoing conditions which were present before treatment began. The time limit for medical malpractice cases can be extended over a period of time and injuries may develop slowly.
In these situations, it is difficult to prove that a particular medical professional's violation of the standard of care caused the injury. However, the patient who was hurt could be able to use evidence collected by the attorney, such as medical records and medical Malpractice law firms expert testimony.
During the discovery procedure that is part of the legal process for preparation for a trial, your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit is then required to testify in depositions, which are testimony that is under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proven the essential elements of their case, including obligation, breach, causation and injury.
Negligence
The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice, that it is likely that the doctor violated his or her duties as a doctor and that these breaches resulted in injury. The plaintiff's attorney has to prove this by using evidence gathered during pretrial discovery. This involves seeking documents, such as medical records and other records from all parties in the lawsuit. The process also involves sworn declarations that are recorded and medical Malpractice law firms used at trial.
A doctor violated his or her professional obligation in the event that he or her did something that a prudent physician would not do in the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or causal proximate causes. A patient might visit the hospital to have a hernia fixed, but instead end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.
Medical malpractice lawsuits must be filed within a legally-defined period of time, called the statute of limitations that varies from state to state. The patient who is injured must prove that the negligent care caused injury, and then he or she must prove the amount of financial compensation he or her deserves.
Damages
You should be compensated for any injuries you have suffered due to medical negligence. At Scaffidi & Associates, we can help you receive full and fair compensation for your losses.
The first step is filing and serving a summons and complaint to all defendants named in the lawsuit. The parties then proceed to discovery, a process in which documents and statements are made public under the oath. Medical records and notes of a doctor are typically requested during discovery.
In many states, to receive compensation for injuries sustained by malpractice, you have to prove four things: a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection 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 an impressive case.
In certain cases the court could make punitive damages a possibility which is intended to punish a wrongdoer, and discourage others from committing similar crimes. But, this isn't often the case in medical malpractice law firms malpractice cases since courts require clear evidence of malice to award these awe-inspiring awards.
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