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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, is still inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation 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 harm, known as proximate causation.

The reason for injury

A medical malpractice lawsuit can be filed by the person who suffered the injury or an attorney. Based on the circumstances, this could be a spouse of the patient or medical malpractice lawsuit an adult child parent, guardian ad litem, or the executor or administrator of the estate of the deceased patient. In a case involving medical malpractice, the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health care professional.

Expert testimony is usually required in cases of malpractice. Medical experts must be able to prove whether or the medical professional adhered to the standards of care for their particular field. They must also testify to the harm caused by the doctor's actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. For instance, a wrong diagnosis of a health condition can have life-threatening consequences. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

In order to establish a malpractice claim the patient must prove four legal elements: a duty the physician owed to them; a breach in the breach; a resulting injury and damages. In certain states like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

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

Many injuries that are the basis of a medical negligence suit result from long-term conditions or ongoing conditions which were present before treatment started. Often the statute of limitation for a claim involving medical malpractice extends out over a number of years, and the injuries may develop slowly.

In these instances it is often difficult to prove that a particular medical professional's violation of the standard of care caused the injury. However, the patient who was hurt could be able to make use of the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is an integral part of the legal process for getting ready for trial, your lawyer could request disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor defending the lawsuit is then asked to give evidence during depositions, which are testimony given under oath. Your lawyer may cross-examine the doctor and contest their conclusions. The jury will decide whether the plaintiff has substantiated that the allegations of the case are true, including duty, breach and causation.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician committed a breach of professional duties and those breached duties caused injury. The plaintiff's lawyer must show this through evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical malpractice attorney records from all parties who are involved in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.

A doctor violated his or her professional obligation when he or she did something that a reasonable 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 the proximate cause. A patient may go to the hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical negligence since the removal did not benefit the patient.

medical malpractice attorney malpractice suits must be filed within a specific legal period, referred to as the statute of limitations. This differs from state to state. The injured patient must establish that the negligence caused injury and then he or she must show how much compensation they are entitled to.

Damages

If a medical error has caused you to suffer a traumatic injury, you should be compensated. At Scaffidi & Associates, we can assist you to receive the full and fair compensation you deserve for your losses.

The first step is filing and serving a summons and complaint to all named defendants in the lawsuit. The parties then participate in discovery, a process in which documents and statements are disclosed under oath. During discovery medical records and doctor's notes are usually requested.

In the majority of states, to receive compensation for injuries caused by malpractice, you have to establish four elements such as a duty of care that is due to the healthcare provider 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 these aspects of a medical negligence claim, you'll have a convincing case.

In certain cases, the court may decide to award punitive damages which is intended to punish the wrongdoer and discourage others from committing similar crimes. But, this isn't often the case in medical malpractice cases as the courts require extremely clear evidence of malice to award these awe-inspiring awards.