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How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps inside her body following gall bladder surgery is able to make a claim for medical malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.

It is essential for our clients to establish a direct relationship between the breach of duty and the damage, known as proximate causation.

Cause of Injury

A medical malpractice claim can be filed by the injured person or an attorney. This could be the spouse, adult child or parent, guardian or administrator of the estate of a deceased person depending on the specific circumstances. In a case of medical malpractice the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to be able to testify that the doctor was acting in accordance with the standards of care in his or her special area of expertise. They also need to testify on the harm caused by the physician's actions or inactions.

Injury caused by negligence and negligence can be very serious. A mistake in diagnosis can have devastating consequences, including the possibility of a life-threatening illness. Other types of injuries can include operating on the incorrect body part or leaving surgical instruments inside the patient.

To establish a malpractice case, the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty; a subsequent injury; and damages. In some states, like New York, the law places a limit on the amount of money that can be awarded for an action for malpractice.

Causation

The element of injury is known as the causation. It is one of most important elements in a medical malpractice claim. To prove causation, the plaintiff must show that they sustained their injury on a balance of probabilities as a result due to the negligence of the doctor. This can be a difficult task for several reasons.

Many of the injuries that are the basis of a Medical Malpractice Law Firms negligence lawsuit stem from long-term illnesses or illnesses that existed before treatment began. The time-limit for a medical malpractice attorneys malpractice case could be extended for a number of years and injuries may develop slowly.

In these cases it is often difficult to prove that a certain medical professional's violation of the standard of care led to the injury. The attorney could have collected evidence, including expert testimony and medical records, that the injured patient can use.

During the discovery procedure that is part of the legal process for preparing for a trial, your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the lawsuit will be required to testify in deposition, which is testimony that is under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proved the necessary elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice in court, that it is more than likely that the doctor violated his or medical malpractice Law firms her duties as a physician and that those actions led to injury. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath and recorded to be used at trial, are also a part of this procedure.

A doctor was in breach of his or her professional obligations if he or she did something that a reasonably prudent physician would not do under the same 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 cause. For example when a patient is taken to the hospital for a procedure to treat a hernia and is then able to have his or his gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated time frame, known as the statute of limitations, which is different for each state. The patient who was injured must show that the inadequate treatment caused injury, and then they must establish what compensation they are entitled to.

Damages

If medical negligence caused you to suffer 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 Medical Malpractice Law Firms serving an order and complaint on all defendants named in the lawsuit. The parties engage in discovery. This is a procedure in which documents and declarations are made public under oath. Medical records and the notes of a doctor are typically requested during discovery.

In many states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements: a duty of care that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your attorney can establish all of these elements, then you've got a strong case for financial recovery in a claim for medical malpractice.

In some cases, courts can award punitive damages, which are intended to punish the culprit and deter others from committing the same offense. However, this is not the norm in medical malpractice cases, because the courts require precise proof of malice before they can give these extraordinary awards.