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How to File a Medical Malpractice Case

A patient who finds that an object foreign to her, such as surgical clamps, remain inside her body after gall bladder surgery could bring a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviation from this duty and direct cause.

It is crucial for our clients to establish a direct connection between the breach of duty and the resulting injury which is referred to as proximate cause.

Cause of Injury

A claim for medical malpractice can be filed either by the victim or an attorney. Depending on the circumstances this could be a spouse of the patient or an adult child parent, guardian ad Litem or the executor or administrator of the estate of the deceased patient. The plaintiff in a lawsuit for medical malpractice is the health care provider. This could be an accredited nurse, doctor or therapist.

Expert testimony is often required in malpractice cases. Medical experts must determine if the health care provider did what was required of treatment in their specific area of expertise. They must also testify to the damage caused by the actions or inactions of a doctor.

Accidents caused by negligence or mistakes can be catastrophic. For example, a mistake in the diagnosis of a medical condition could result in life-threatening consequences. Other types of injuries can 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 that include a duty owed to the patient by the physician and a breach of that obligation; a harm caused by the breach and the consequential 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 called the causation. It is among the most important elements in a medical negligence claim. To prove causation, the plaintiff must prove that they sustained their injury on the basis of probabilities as a result of the physician's negligence. This is a difficult task due to a variety of reasons.

Many of the injuries that form the basis for a medical negligence lawsuit result from long-term illnesses or illnesses that existed before treatment began. Often the statute of limitations for a medical negligence claim extends over a number of years, and the injuries may develop slowly.

In these instances, it is difficult to prove that one particular medical professional's failure to adhere to the standard of care caused the injury. The attorney could have gathered evidence, like expert testimony and medical records that the injured person could use.

During the discovery process, which is an integral part of the legal procedure preparation for trial, your lawyer may ask for the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the case will be required to take a deposition. This is a statement that's given under an oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will decide if the plaintiff has proven all the elements of the case which include breach of duty, breach and causation.

Negligence

If a longview medical malpractice law firm malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the doctor did not perform his or her professional obligations and that those breached duties caused harm. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for trial, are also a part of this procedure.

A doctor has violated their professional duty in the event that they did something a reasonable prudent physician would not have done in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient could visit a hospital to repair a hernia, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This differs from state to state. The person who has suffered injury must prove that the care provided was substandard and caused injury, and then demonstrate the amount of compensation he or her deserves.

Damages

If medical negligence has caused you to suffer injury, you are entitled to be made whole. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve for your losses.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then begin discovery, a procedure in which documents and statements are made public under oath. lincoln park medical malpractice lawsuit records and doctor's notes are typically requested during discovery.

In the majority of states, to receive compensation for injuries sustained by negligence, you must to establish four elements: a duty of care that is due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages caused by the injury. If your attorney can demonstrate all of these elements in a medical negligence claim, you'll have a convincing case.

In some cases the court can decide to award punitive damages. These are intended to punish the offender and deter others from engaging in the same conduct. However, this is not the norm in medical malpractice cases, as the courts require extremely clear evidence of malice to give these extraordinary awards.