How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body like surgical clamps, remains in her body after gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice case can be initiated by the patient who was injured or a person who is legally authorized to represent them. Depending on the circumstances, this could 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. In a case of medical malpractice the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Malpractice cases usually require an abundance of expert testimony. Medical experts are required to testify as to whether the healthcare provider did what was required of medical care within their special area of expertise. They must also testify as to the damage caused by the actions or inactions of a doctor.

Injury caused by negligence and mistakes can be devastating. A mistake in diagnosis can have devastating consequences, like an illness that could be life-threatening. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

In order to establish a malpractice claim the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach in this duty; a resultant injury; and damages. In certain states like New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element is known as the causation. It is one of the most important elements in a medical malpractice claim. To prove causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a difficult task due to a variety reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing conditions that were present before treatment began. Often, the statute of limitations for a medical negligence claim extends over a number of years, and the injuries can develop gradually.

In these instances, proving that a medical professional's breached the standard of care which led to the injury is a challenge. The attorney may have gathered evidence, including expert testimony and medical records that the injured person can use.

During the process of discovery, which is a part of the legal process for preparation for a trial, your attorney can request that the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will then be asked to give evidence during a deposition, which is the testimony under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice attorneys malpractice, that it is more than likely that the physician violated his or her duties as a doctor medical malpractice lawsuits and that these breaches resulted in injury. The plaintiff's lawyer has to prove this using evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also a part of this process.

A doctor violated the professional duties of a doctor when he/she did something that a prudent doctor would not do 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 causal proximate causes. A patient could go to the hospital in order to repair a hernia but end up having their gall bladder removed. This is medical negligence as the removal was not beneficial for the patient.

medical malpractice lawsuits (asystechnik.com) must be brought within a legally regulated period of time, called the statute of limitations, which varies by state. The patient who is injured must prove that the care provided was substandard and resulted in 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 that you've suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete 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 are involved in discovery. This is a procedure in which documents and declarations are presented under an oath. During discovery medical records and notes from a doctor will typically be sought.

In the majority of states, to receive compensation for injuries caused 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 duty; a causal link between the breach and injury and damages resulting from the injury. If your lawyer can prove all these elements in a medical negligence claim, you will have a convincing case.

In certain instances the court can award punitive damages, which are intended to penalize the perpetrator and discourage others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases as the courts require extremely specific proof of malice to award these extraordinary awards.