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How to File a Medical Malpractice Case

A patient who finds that an object that is foreign like surgical clamps, remains in her body following gall bladder surgery can file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, Medical Malpractice Law Firm deviation from the duty, and direct reason.

Our clients must establish a direct connection between the breach of duty, and the injury. This is referred to as proximate cause.

Cause of Injury

A medical malpractice case can be initiated by the patient who was injured or a person legally designated to act on their behalf. Based on the circumstances, this could be a spouse of the patient, an adult child or parent, a guardian ad Litem or the executor or administrator of the estate of the deceased patient. The plaintiff in a medical malpractice lawsuit is the health professional. This could be a nurse, doctor, therapist or any other licensed health care professional.

Malpractice cases usually involve many expert witnesses. Medical experts must be able to testify that the healthcare provider was acting in accordance with the standards of care in his or medical malpractice law firm her specific field of expertise. They also have to testify to the harm resulting from the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be extremely serious. A misdiagnosis can have serious consequences, such as the possibility of a life-threatening illness. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

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

Causation

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

For instance, many injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing illnesses that were present prior to treatment. The time limit for medical malpractice cases can be extended over several years and the development of injuries can happen slowly.

In these cases it is difficult to prove that a medical professional's failure to adhere to the standard of care led to the injury is a challenge. The attorney may have gathered evidence, including medical malpractice law Firm records and expert testimony that the patient who was injured can utilize.

During the discovery process, which is part of the legal procedure for preparation for trial, your lawyer may ask for the disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the lawsuit will be asked to testify during deposition, which is testimony given under the oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide whether the plaintiff has substantiated that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury in a case of medical malpractice in court, that it is more likely that the physician violated the obligations of medical professional and that these breaches resulted in injury. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This process also involves the recording of sworn statements and used in trial.

A doctor has violated his or her professional obligations when he or she did something that a reasonably prudent doctor would not do under similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. For instance the patient is admitted to the hospital for a procedure to treat a hernia and then has his or her gall bladder removed instead. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, called the statute of limitations, that varies from state to state. The injured patient must establish that the negligent care resulted in injury, and then show how much compensation he or her deserves.

Damages

You deserve to be compensated for any injuries you've suffered due to medical negligence. 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 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 the oath. During discovery medical records and notes from a doctor will usually be requested.

In the majority of states, you have to establish four elements to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal link between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can prove all of these elements, you have an argument for financial compensation in a medical malpractice case.

In certain instances the court might award punitive damage which is intended to punish the wrongdoer and deter others from engaging in similar crimes. It is not common however, in medical malpractice cases. The courts must have very clear evidence of malice before they may decide to award these extraordinary damages.