How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her like surgical clamps, remain inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.

Our clients must establish a direct connection between the breach of duty and the injury. This is known as the proximate reason.

Causes of Injury

A medical malpractice lawsuit can be filed by the person who suffered the injury or a legal representative. Depending on the circumstances this could be a spouse of the patient or an adult child, parent, a guardian ad litem, or the administrator or executor of the estate of the deceased patient. The plaintiff in a medical malpractice suit is the health care provider. This could be a doctor, nurse, therapist or any other health professional.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify whether or the medical professional adhered to the standards of care for their particular field. They must also testify about injuries caused by doctor's actions or actions or.

Injuries resulting from malpractice and negligence can be quite severe. An incorrect diagnosis can lead to serious consequences, medical malpractice lawsuit such as life-threatening conditions. Other types of injuries can include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice lawsuit the duty owed to the patient by the doctor and a breach of this duty; an injury caused by the breach and the resulting damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded in a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important aspects of a medical malpractice case. To prove causation, a plaintiff must demonstrate that they sustained the injury on a balance of probabilities as a result of the physician's negligence. This can be a difficult task due to a variety of reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing ailments that were present prior to treatment. The time limit for a medical malpractice case can be extended over the course of several years 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 not easy. The attorney may have gathered evidence, like medical records and expert testimony that the patient who was injured could use.

During the discovery process, which is a component of the legal procedure for prepping for trial, your lawyer can seek disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is defending the lawsuit will be required to testify in a deposition, which is testimony under an oath. Your lawyer may cross-examine the doctor and contest their conclusions. The jury will then decide if the plaintiff has proved the necessary elements of their case including breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice law firms malpractice that it is more than likely that the physician violated his or her responsibilities as physician and that the mistakes led to injuries. The attorney representing the plaintiff must prove this by using evidence obtained during discovery. This includes seeking documents, such as medical records, from all parties involved in the lawsuit. The process also involves sworn declarations that are recorded and used at trial.

A doctor has breached their professional obligation if they did something a reasonable prudent physician would not have done under the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is referred to as causation or proximate causes. For example, a patient goes to the hospital for a hernia procedure and is then able to have his or the gall bladder removed instead. This is medical malpractice lawyer negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legal period, referred to as the statute of limitations. This differs from state-to-state. The patient who is injured must prove that the substandard care caused injury and then he or she must show how much compensation they are entitled to.

Damages

You should be compensated for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your losses.

The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then participate in discovery, a procedure in which documents and statements are disclosed under an oath. During discovery medical records and notes from a doctor are typically requested.

In the majority of states, you must establish four elements to be compensated for any injuries caused by medical malpractice such as a duty due to the healthcare provider in breach of that duty; a causal relationship between the breach and the patient's injury as well as damages that result from the injury. If your attorney can establish all of these elements, then you've got an argument for financial recovery in a medical malpractice claim.

In some instances, the court may award punitive damage, which is meant to punish the wrongdoer and deter others from engaging in similar crimes. However, this is rare in medical malpractice cases, because the courts require evident proof of malice in order to make these extraordinary awards.