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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps inside her body after gall bladder surgery is able to sue for medical malpractice. A successful claim must establish the legal aspects of medical malpractice attorneys negligence: duty, deviance from this duty, direct cause and injury.

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

Cause of Injury

A medical malpractice claim can be filed by the injured patient or a legal person to act on their behalf. Based on the circumstances, this could be the 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 medical malpractice lawsuit is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Expert testimony is typically required in cases of malpractice. Medical experts are required to determine if the doctor was acting in accordance with the standards of care in his or her particular field of expertise. They also need to testify on the injury that was caused by the physician's actions or actions or.

Injuries that result from malpractice or negligence can be extremely serious. An incorrect diagnosis can lead to serious consequences, such as the possibility of a life-threatening illness. Other kinds of injuries 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: a duty owed to the patient by the physician; a breach of this obligation; an injury resulting by the breach and the resulting damages. In certain states, such as New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

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

Many injuries that are the basis for a medical malpractice attorneys negligence lawsuit stem from long-term illnesses or conditions which were present before treatment started. The statute of limitations on a medical malpractice lawsuit can be extended over several years and the development of injuries can happen slowly.

In these cases, it is difficult to prove that a specific medical professional's breach of the standards of care caused the injury. However, the aggrieved patient may be able to use the evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is part of the legal procedure for getting ready for trial, your lawyer could seek disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is representing the case will be required to testify in deposition. This is a testimonies that is made under oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has substantiated the elements of the case which include breach of duty, breach and causation.

Negligence

When a medical malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and those breaches caused harm. The plaintiff's attorney must demonstrate this through evidence obtained during discovery. This involves the request of documents, including medical records as well as other documents from all parties in the lawsuit. This process also includes the recording of sworn statements and used at trial.

A doctor has violated their professional duty by doing something that a reasonable prudent physician would not have done under similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is called causation or proximate causes. For example the patient is admitted to the hospital for a hernia surgery and then has his or the gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical Malpractice law Firms malpractice lawsuits must be filed within the legal period, referred to as the statute of limitations. This varies from state to state. The person who has suffered injury must prove that the substandard care caused injury and then prove how much monetary compensation he or her deserves.

Damages

If medical negligence has caused you to sustain an injury, you deserve to be made whole. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then participate in discovery, a procedure in which documents and declarations are made public under the oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, in order to be eligible for compensation for injuries incurred by malpractice, you have to establish four elements that include a duty of care that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury and damages that result from the injury. If your attorney can prove all these elements in a medical malpractice claim, you will have an enviable case.

In certain instances the court could give punitive damages which is intended to punish a wrongdoer, and discourage others from committing similar acts. However, this isn't the norm in medical malpractice cases as courts require clear evidence of malice to make these extraordinary awards.