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A patient who discovers an object foreign to her body, such as surgical clamps within her body following gall bladder surgery can bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.
Our clients must establish a direct link between the breach of duty, and the injury. This is known as the proximate reason.
Cause of Injury
A claim for medical malpractice law firms malpractice can be filed by the person who suffered the injury or an attorney. Depending on the circumstances, it could be the spouse of the patient or an adult child, parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.
Expert testimony is typically required in cases of malpractice. Medical experts are required to be able to testify that the healthcare provider acted within the standard of care in their specific area of expertise. They must also testify about the injury that was caused by the physician's actions or actions or.
Injuries resulting from malpractice and negligence can be very serious. A misdiagnosis can have serious consequences, such as life-threatening conditions. Other types of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.
In order to prove a malpractice case the patient must demonstrate four legal elements: a duty the physician owed to them; a breach in the breach; a resulting injury; and damages. In certain states, such as New York, the law places a limit on the amount of money that could be awarded in an action for malpractice.
Causation
The injury element, also referred to as causation, is one of the most important aspects of medical malpractice cases. To establish causation, the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging task due to a variety of reasons.
Many of the injuries that form the basis for medical negligence lawsuits result from chronic issues that existed before treatment started. The time-limit for a medical malpractice case can be extended over a period of time and injuries may develop slowly.
In these cases, it is difficult to prove that a certain medical professional's breach of the standards of care caused the injury. The attorney could have gathered evidence, like medical records and expert testimony, that the injured patient can use.
During the discovery process, which is a part of the legal procedure for getting ready for trial, your lawyer will ask for the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the lawsuit will then be called to testify during a deposition, which is the testimony under oath. Your lawyer will be able to cross-examine doctor and contest their conclusions. The jury will decide then if the plaintiff has proved the essential elements of their case including breach of duty, causation, breach of duty and injury.
Negligence
The plaintiff must convince jurors, when bringing a claim for medical malpractice that it is likely that the physician violated his or her responsibilities as physician and that the violations caused injury. The attorney representing the plaintiff must prove this by using evidence collected during discovery. This involves soliciting documents, including medical records, from all parties involved in the lawsuit. Depositions, in which the statements are made under oath, and recorded for use in trial, are also a part of this process.
A doctor has breached their professional duty by doing something that a reasonable and prudent doctor would not have done in the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient may go to the hospital to repair a hernia, but end up having their gall bladder removed. This is medical negligence since the removal did not benefit the patient.
Medical malpractice lawsuits must be filed within a legally defined period of time, called the statute of limitations, which varies by state. The person who suffered the injury must demonstrate that the treatment was substandard and resulted in injury, and after that they must establish what compensation they're entitled to.
Damages
You deserve to be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive the full and fair compensation for your losses.
The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then proceed to discovery, a procedure in which documents and statements are made public under an oath. Medical records and the notes of a doctor are typically requested during discovery.
In most states, you must demonstrate four elements in order to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider; a breach of that obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements of a medical negligence claim, you'll have a convincing case.
In certain instances the court can award punitive damages, which are intended to penalize the culprit and deter others from committing the same offense. This is rare however, particularly in medical malpractice cases. The courts must have very clear evidence of malice before they are able to make these extraordinary awards.
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