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How to File a Medical Malpractice Case

A patient who finds that a foreign object, such as surgical clamps, remain inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviance from this duty and the direct reason.

It is vital for our clients to establish a direct connection between the breach of duty and the damage, known as proximate causation.

Causes of Injury

A medical malpractice claim can be filed by the victim or a legal representative. Based on the circumstances, this may be the spouse of the patient, an adult child or parent, guardian ad-litem or administrator or executor of the estate of the deceased patient. In a medical negligence case the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

The majority of cases involving malpractice involve a lot of expert testimony. Medical experts must be able to testify that the doctor did what was required of treatment in their special area of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

The consequences of negligence and mistakes can be catastrophic. A misdiagnosis could have grave consequences, such as a life-threatening condition. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

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

Causation

The injury element, also known as causation, is one the most important elements of medical malpractice cases. To prove causation, the plaintiff must prove that the injury was caused by a physician's negligence. This can be a challenging task due to a variety of reasons.

Many of the injuries that are the basis of a medical negligence lawsuit stem from long-term or ongoing illnesses that existed before treatment started. Often the statute of limitations for a medical malpractice lawsuit extends out over a number of years, and injuries may develop slowly.

In these instances, it is difficult to prove that a particular medical professional's breach of the standard of care caused the injury. The attorney may have gathered evidence, including medical records and expert testimony that the injured person can utilize.

During the discovery process, which is a part of the legal procedure for preparing for trial, your lawyer can request disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor who is representing the case will be asked to take a deposition. This is a statement that is given under an oath. Your lawyer can cross-examine the doctor and challenge their conclusions. The jury will then decide if the plaintiff has proved the necessary elements of their case, including obligation, breach, causation and injury.

Negligence

If a claim for glencoe medical malpractice lawyer malpractice is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breached duties caused harm. The plaintiff's lawyer must demonstrate this through evidence gathered during pretrial discovery. This involves soliciting documents, including medical records and other records from all parties in the lawsuit. This process also involves the recording of sworn statements and used at trial.

A doctor has breached their professional obligation in the event that they did something reasonable and prudent doctors would not have done under the same circumstances. It must be established that the breach caused injury directly to the patient. This is called causation or proximate causes. For instance, a patient goes to the hospital for a hernia surgery and is later told that he or his gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legal timeframe, also known as the statute of limitations. This differs from state-to-state. The patient who was injured must prove that the substandard treatment caused injury, and they must prove what monetary compensation they are entitled to.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair 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 proceed to discovery, in which documents and declarations are made public under oath. During discovery winfield medical malpractice lawsuit records and doctor's notes will usually be requested.

In the majority of states, you must prove four things to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal relationship between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these elements, you have an excellent case for financial recovery in a medical malpractice case.

In certain cases the court can make punitive damages available, which are intended to punish the offender and deter others from committing the same offense. This is not the norm however, in medical malpractice cases. The courts must have clear evidence of malice before they may award these extraordinary damages.