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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body, such as surgical clamps, remains in her body following gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

It is important for our clients to establish a direct link between the breach of duty and the damage which is referred to as proximate cause.

Causes of Injury

A medical malpractice claim may be filed either by the injured person or a legal representative. This can be the spouse, adult child, parent, guardian or administrator of the estate of a deceased patient, based on the circumstances. The defendant in a medical malpractice lawsuit is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Expert testimony is often required in cases of malpractice. Medical experts must provide evidence to prove that the medical professional acted within the standard of care in his or her particular field of expertise. They must also testify about the injury that was caused by the physician's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. For example, a misdiagnosis of a medical condition could have life-threatening effects. Other types of injuries can include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements of a malpractice claim the duty owed to the patient by the physician and a breach of this obligation; a harm caused by the breach and resulting damages. In some states, such as New York, the law restricts the amount of money that could be awarded in a malpractice claim.

Causation

The injury element is also known as the causation. It is among the most crucial elements in a medical malpractice claim. To establish causation, the plaintiff must prove that their injury was caused by a physician's negligence. This can be a difficult job due to various reasons.

Many injuries that are the basis of a medical negligence suit result from long-term or ongoing conditions which were present before treatment began. The time limit for medical malpractice cases can be extended over several years, and injuries can develop slowly.

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

During the discovery process, which is part of the legal procedure prepping for trial, your lawyer will request the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor Medical Malpractice law firm defending the lawsuit is then asked to give evidence during deposition, which is testimony under an oath. Your lawyer is able to cross-examine doctor and challenge their findings. The jury will decide whether the plaintiff has proved all the elements of the case which include breach of duty, breach and causation.

Negligence

When a medical negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional duties and that the breaches caused harm. The attorney representing the plaintiff must be able to prove this by utilizing evidence obtained during discovery. This includes soliciting documents, including medical records from all parties involved in a lawsuit. This process also includes sworn declarations that are recorded and used at trial.

A doctor has breached their professional obligation if they did something reasonable and prudent doctors would not have done in the same circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is referred to as causation, or the proximate cause. A patient may go to the hospital in order to repair a hernia but instead 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 brought within a legally regulated time frame, known as the statute of limitations, which varies according to the state. The patient who was injured must prove that the substandard treatment caused injury, then they must prove what monetary compensation they're entitled to.

Damages

You are entitled to compensation for any injuries you've suffered due to medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then begin discovery, a process by which documents and statements are revealed under oath. Medical records and doctor's notes are typically requested during discovery.

In most states, in order to be eligible for compensation for injuries incurred through malpractice, you need 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 that result from the injury. If your lawyer can prove all of these elements, then you've got an argument for financial compensation in a medical malpractice law firm negligence claim.

In some instances the court can award punitive damage that is intended to punish a wrongdoer, and discourage others from committing similar crimes. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they can award these extraordinary damages.