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If a patient discovers that an object foreign to her like surgical clamps, remains inside her body following gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct causes, and injury.
It is vital for our clients to establish a direct causal connection between the breach of duty and the harm that is known as proximate causation.
Causes of Injury
A medical malpractice claim can be filed by the person who has been injured or a person legally designated to represent them. Depending on the circumstances, it could be the spouse of the patient, an adult child or parent, guardian ad-litem or executor or administrator of the estate of the deceased patient. In a medical negligence case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health professional.
Malpractice cases usually require an abundance of expert testimony. Medical experts are required to testify on whether or the medical professional adhered to the standards of treatment for their specific area. They also need to testify on the injury caused by the physician's actions or actions or.
Injuries that result from malpractice or negligence can be extremely serious. An incorrect diagnosis can lead to serious consequences, like a life-threatening condition. Other types of injuries can include operating on the incorrect body part or leaving surgical instruments inside the patient.
In order to establish a malpractice case the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach of this duty, resulting injury; and damages. In some states, such as New York, the law restricts the amount of money that can be awarded in a malpractice claim.
Causation
The injury element, also known as causation, is among the most important elements of medical malpractice cases. To establish causation the plaintiff must prove that their injury was caused by the physician's negligence. This can be a challenging task due to a variety of reasons.
For instance, many injuries that are the basis of a medical malpractice lawsuit are the result of long-term or medical malpractice Lawsuits ongoing illnesses that were present prior to the time of treatment. The time-limit for a medical malpractice lawsuit can be extended for a number of years and injuries can develop slowly.
In these situations, it is difficult to prove that a particular medical professional's breach of standards of care caused the injury. However, the aggrieved patient could be able to use the evidence gathered by the attorney, like medical records and expert testimony.
During the discovery process, which is part of the legal procedure for prepping for trial, your lawyer can request disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor who is representing the case will be asked to appear in a deposition. This is a declaration that is given under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the elements of the case which include breach of duty, breach and causation.
Negligence
The plaintiff must convince the jury when bringing a claim for medical malpractice to show that it is likely that the doctor acted in violation of the obligations of medical professional and that these breaches resulted in injury. The plaintiff's lawyer has to demonstrate this with evidence gathered through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for trial, are also a part of this procedure.
A doctor has violated their professional obligation in the event that they did something a reasonable and prudent doctor would not have done in similar circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate cause. For example when a patient is taken to the hospital for a hernia procedure and is later told that he or her gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.
Medical malpractice lawsuits must be filed within a legally-defined period of time, also known as the statute of limitations, that varies from state to state. The injured patient must establish that the negligence caused injury and medical malpractice lawsuits then prove the amount of financial compensation he or she is entitled to.
Damages
If medical negligence has caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your losses.
The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then begin discovery, a procedure in which documents and statements are revealed under the oath. medical malpractice law firm records and the notes of the doctor are typically sought during discovery.
In the majority of states, to be eligible for compensation for injuries incurred by negligence, you must to establish four elements such as 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 resultant from the injury. If your attorney can establish all of these elements, you can make a an excellent case for financial recovery in a medical malpractice case.
In some cases, the court may award punitive damage which is intended to penalize a wrongdoer and deter others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases, since courts require specific proof of malice to give these extraordinary awards.
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