How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, such as surgical clamps, Medical remains in her body after gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this obligation, direct cause and injury.

Our clients must establish a direct connection between the breach of duty and the injury. This is referred to as proximate cause.

Causes of Injury

A claim for medical malpractice can be filed by the person who was injured or a legal representative. Depending on the circumstances, this could be a 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 plaintiff in a lawsuit for medical malpractice is the health care provider. This could be a licensed nurse, doctor or therapist.

Malpractice cases typically involve many expert witnesses. Medical experts are required to be able to testify that the healthcare provider did what was required of care in his or her particular field of expertise. They also have to testify to the harm caused by the doctor's actions or inactions.

Injury caused by negligence and mistakes can be devastating. For instance, a wrong diagnosis of a health problem could result in life-threatening consequences. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

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

Causation

The element of injury is known as the causation. It is one of the most important aspects of a medical malpractice claim. To prove causation, the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a challenging task due to several reasons.

Many of the injuries that are the basis for medical negligence lawsuits result from long-term conditions or ongoing illnesses that existed before treatment started. Often, the statute of limitations for a medical malpractice claim is extended over a period of years, and the injuries may develop slowly.

In these cases it is often difficult to prove that one particular medical professional's failure to adhere to the standards of care caused the injury. However, the aggrieved patient may be able to use evidence collected by the attorney, like medical records and expert testimony.

During the discovery process, which is part of the legal procedure preparing for trial, your lawyer may request the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor defending the lawsuit is then asked to testify during depositions, Vimeo which are testimony given under the oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide if the plaintiff has proven the facts of the case which include breach of duty, breach and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the physician committed a breach of professional duties and those violations caused injury. The plaintiff's attorney must demonstrate this using evidence gathered during discovery. This includes soliciting documents, including medical records and other records from all parties in a lawsuit. Depositions, in which statements are made under oath and recorded to be used at trial, are also a part of this procedure.

A doctor has violated his or her professional obligation when he/she did something that a reasonable prudent physician would not do under similar circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is known as causation or the proximate cause. Patients may visit the hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legal time frame, also known as the statute of limitations. This varies from state to state. The victim must prove that the substandard care caused injury, and then demonstrate the amount of compensation he or she deserves.

Damages

You are entitled to compensation for any injuries that you've suffered due to coolidge medical malpractice lawsuit negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then engage in discovery, a process by which documents and statements are disclosed under oath. During discovery, medical records and doctor's notes will usually be requested.

In most states, you have to prove four things in order to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider; a breach of that obligation; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can establish all of these elements, you can make a a strong case for financial recovery in a claim for medical malpractice.

In some cases, the court may award punitive damage, which is meant to penalize a wrongdoer and discourage others from committing similar misconduct. It is not common, however, in perry medical malpractice lawyer malpractice cases. The courts must be able to prove evidence of malice before they may give these extraordinary damages.