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How to File a Medical Malpractice Case

A patient who finds that an object that is foreign, such as surgical clamps, is still inside her body following gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must prove the elements of medical negligence: Medical Malpractice law firms duty, deviation from this duty and the direct reason.

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

The reason for injury

A medical negligence case may be filed by the injured patient or by a person legally appointed to act on their behalf. Depending on the circumstances it could be the spouse of the patient or an adult child, parent, a guardian ad litem, or the administrator or executor of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts are required to testify as to whether the healthcare provider did what was required of medical care within their particular field of expertise. They must also testify as to the harm that was caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. A misdiagnosis can have serious consequences, like the possibility of a life-threatening illness. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

To prove a malpractice case the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach in the breach; a resulting injury and damages. In some 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 aspects of medical malpractice lawyers malpractice cases. To establish causation the plaintiff must prove that the injury was the result of the doctor's negligence. This can be a challenging job due to a variety of reasons.

For instance, many injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were present before treatment began. Often, the statute of limitations for a claim involving medical malpractice extends over a variety of years and the injuries can develop gradually.

In these situations it can be difficult to prove that a particular medical professional's violation of the standard of care led to the injury. The attorney could have collected evidence, like medical malpractice attorney records and expert testimony that the patient who was injured could use.

During the process of discovery as part of the legal procedure for prepping for a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit is then asked to testify during depositions, which are testimony under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice to show that it is more likely that the physician violated his or her responsibilities as medical professional and that these violations caused injury. The plaintiff's lawyer must demonstrate this using evidence gathered during discovery. This involves requesting documents, medical malpractice Law firms including medical Malpractice law firms records, from all parties involved in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.

A doctor has breached their professional duty by doing something that a reasonable prudent physician would not have done under similar circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. Patients may go to the hospital to repair a hernia, however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within a certain timeframe, also known as the statute of limitations. This differs from state-to-state. The patient who is injured must prove that the substandard care caused injury and then he or she must show how much compensation they are entitled to.

Damages

You are entitled to compensation for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your losses.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties are involved in discovery. This is a process where documents and statements are presented under oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, you need to establish four elements to be compensated for injuries incurred by medical malpractice: a duty owed by the healthcare provider in breach of that duty; a causal connection 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 a strong case for financial compensation in a medical negligence claim.

In some instances the court can give punitive damages, which are designed to punish the perpetrator and discourage others from engaging in the same conduct. This isn't often, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to give these extraordinary damages.