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How to File a Medical Malpractice Case

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

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

Causes of Injury

A medical malpractice lawsuit can be filed either by the injured person or a legal representative. Based on the specific circumstances, this could be the spouse of the patient or an adult child parent, guardian ad-litem or administrator or executor of the estate of the patient who died. The plaintiff in a medical malpractice suit is the health professional. This could be an accredited doctor, nurse or therapist.

Malpractice cases typically involve the testimony of experts. Medical experts must determine if the health care provider acted within the standard of treatment in their particular field of expertise. They also have to testify to the harm that was caused by the doctor’s actions or inactions.

The consequences of malpractice and negligence can be very serious. A mistake in diagnosis can have devastating consequences, like a life-threatening condition. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice claim which include a duty to the patient by the doctor or a breach of the obligation; an injury resulting by the breach; and the consequential damages. In certain states, like New York, the law sets a limit on the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most crucial elements in a medical malpractice case. To establish causation the plaintiff must prove that the injury was the result of the doctor's negligence. This can be a difficult task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing conditions that were already present before treatment began. The time-limit for a medical malpractice lawsuit can be extended over several years, and injuries can develop slowly.

In these cases it is difficult to prove that a medical professional's breach of the standard of care and led to the injury is a challenge. The attorney may have collected evidence, like medical records and expert testimony that the patient who was injured can utilize.

During the process of discovery which is an element of the legal process the preparation of a trial your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit is then called to testify during deposition, which is testimony that is under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proven the necessary elements of their case, including duty, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and that the breaches resulted in injury. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties involved in the lawsuit. This also includes swearing statements that are recorded and used at trial.

A doctor has violated their professional obligation if 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 known as causation or proximate cause. For example the patient is admitted to the hospital for a hernia operation and is then able to have his or the gall bladder removed instead. This is Medical malpractice (Escortexxx.ca) since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, also known as the statute of limitations, that varies from state to state. The person who has suffered injury must prove that the negligence resulted in injury, and then demonstrate the amount of compensation he or she is entitled to.

Damages

If medical negligence has led you to sustain an injury, you are entitled to be compensated. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties then engage in discovery, a process in which documents and statements are made public under the oath. During discovery, medical records and doctor's notes will typically be sought.

In the majority of states, you have to demonstrate four elements in order to be compensated for injuries caused by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your attorney can establish all of these elements, you can make a an argument for financial compensation in a medical malpractice claim.

In some cases the court can make punitive damages available, which are intended to penalize the perpetrator and discourage others from engaging in the same conduct. This is rare however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they may make these extraordinary awards.