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If a patient discovers that an object foreign to the body, such as surgical clamps, remains in her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal aspects 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, known as proximate causation.
Cause of Injury
A medical malpractice claim can be filed by the person who has been injured or by a person legally appointed to represent them. Depending on the circumstances this may 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 defendant in a medical malpractice lawsuit is the health care provider. It could be a licensed nurse, doctor or therapist.
The majority of cases involving malpractice involve the testimony of experts. Medical experts must provide evidence to prove that the medical professional was acting in accordance with the standards of medical care within their specific field of expertise. They must also testify to the harm that was caused by the actions or inactions of the doctor.
Injuries caused by negligence and mistakes can be devastating. For example, a misdiagnosis of a medical condition could cause life-threatening complications. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.
The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor and a breach of that duty; injury caused by the breach; and the resulting damages. In some states, like New York, the law places a limit on the amount of money that could be awarded in a malpractice claim.
Causation
The injury element is also called the causation. It is one of most important elements in a medical malpractice claim. To prove causation the plaintiff must prove that they sustained their injury on the basis of probabilities as a result of the negligence of a physician. This can be a difficult job due to a variety of reasons.
For instance, medical malpractice lawsuit many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing ailments that were in the process of being treated prior to. The time period for filing medical malpractice cases can be extended for a number of years and injuries may develop slowly.
In these instances it can be difficult to prove that a certain medical professional's breach of the standard of care caused the injury. However, the patient who was hurt may be able to use the evidence gathered by the attorney, including medical records and expert testimony.
During the discovery procedure as 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 asked to testify during depositions, which are the testimony under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case, including duty, breach and causation.
Negligence
If a medical malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and those breaches resulted in injuries. The plaintiff's lawyer must demonstrate this through evidence collected during discovery. This includes seeking documents, such as medical records and other records from all parties in the lawsuit. This process also involves the recording of sworn statements and used at trial.
A doctor violated his or her professional obligation if he or she did something that a reasonably prudent physician would not do in similar circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is referred to as causation or proxy causes. A patient could go to the hospital in order to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence because the removal did not benefit the patient.
Medical malpractice lawsuits must be brought within a legally prescribed time frame, medical malpractice lawsuit known as the statute of limitations which is different for each state. The injured patient has to show that the inadequate treatment caused injury, then they must establish what compensation they are entitled to.
Damages
If medical malpractice law firms negligence has caused you to suffer an injury, you deserve to be compensated. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your losses.
The first step is filing and serving a summons and complaint to all defendants named in the lawsuit. The parties are involved in discovery. This is a procedure which involves the disclosure of documents and statements presented under oath. Medical records and the notes of the doctor are typically sought during discovery.
In the majority of states, you must establish four elements to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal link between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can establish all of these elements, you have an extremely strong case for financial compensation in a claim for medical malpractice.
In some instances, the court may award punitive damage that is designed to punish the wrongdoer and discourage others from committing similar conduct. However, this is not the norm in medical malpractice cases, because the courts require specific proof of malice to award these extraordinary awards.
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