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How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps within her body following gall bladder surgery is able to bring a lawsuit against a doctor for medical malpractice. A successful claim must prove the elements of medical malpractice: duty, deviation from this duty and direct cause.

It is important for our clients to establish a direct link between the breach of duty and the harm that is known as proximate causation.

The reason for injury

A medical negligence case may be initiated by the patient who was injured or by a person legally appointed to act on their behalf. Depending on the circumstances, this may be the spouse of the patient or an adult child parent, a guardian ad-litem or executor or administrator Medical Malpractice Law Firms of the estate of the deceased patient. The defendant in a medical malpractice lawsuit is the health professional. This could be an accredited doctor, nurse or therapist.

Malpractice cases typically involve a lot of expert testimony. medical malpractice law firms experts are required to testify on whether or whether the health professional adhered to the standards of treatment for their particular area of expertise. They must also testify as to the harm that was caused by the doctor's actions or inactions.

Injuries caused by negligence and mistakes can be devastating. For example, a misdiagnosis of a medical condition could result in life-threatening consequences. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach and the resulting damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The injury element, also referred to as causation, is one the most important elements of medical malpractice cases. To establish causation, the plaintiff must show that they suffered an injury on a balance of probabilities due to due to the negligence of the doctor. This is a challenging job due to various reasons.

For Medical Malpractice Law Firms instance, many injuries that are the basis of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were already present prior to the time of treatment. The statute of limitations on a medical malpractice case could be extended over a period of time, and injuries can develop slowly.

In these cases the proof that a medical professional's breach of the standard of care which led to the injury is a challenge. However, the aggrieved patient could be able to use evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is a component of the legal procedure preparation for trial, your lawyer can seek disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is representing the case will be required to take a deposition. This is a testimonies that is given under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved the elements of the case including breach of duty, breach of contract and causation.

Negligence

If a claim for medical malpractice is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician did not perform his or her professional obligations and that those breached duties caused harm. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded to be used at trial, are also part of this process.

A doctor violated his or her professional duty when he/she did something that a prudent physician would not do under the same circumstances. However it must be established that the breach directly caused the injury to the patient. This is called causation or the proximate cause. A patient could go to the hospital to repair a hernia however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal time frame, also known as the statute of limitations. This differs from state to state. The victim must prove that the substandard care caused injury and then he or she must prove the amount of financial compensation they are entitled to.

Damages

If a medical error has caused you to sustain an injury, you should be made whole. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties participate in discovery. It is a process where documents and evidence are presented under the oath. Medical records and doctor's notes are typically requested during discovery.

In most states, to receive compensation for injuries sustained by negligence, you must to establish four elements: a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements, you can make a an argument for financial recovery in a medical malpractice claim.

In some instances courts may award punitive damages, which are intended to penalize the culprit and deter others from committing the same offense. This isn't often however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they can decide to award these extraordinary damages.