• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps in her body after gall bladder surgery can file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from the duty, and direct cause.

It is essential for our clients to establish a direct causal connection between the breach of duty and the resulting injury called proximate causation.

Causes of Injury

A medical malpractice claim can be filed by the injured patient or a person who is legally authorized to act on their behalf. Depending on the circumstances, it could be the spouse of the patient, an adult child or parent, guardian ad litem or the administrator or medical Malpractice Law firm executor of the estate of the deceased patient. In a case of medical malpractice the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Malpractice cases usually involve the testimony of experts. Medical Malpractice Law Firm experts must testify as to whether the medical professional acted within the standard of medical care within their specific field of expertise. They must also testify as to the damage caused by the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be extremely serious. A mistake in diagnosis can have devastating consequences, such as an illness that could be life-threatening. Other kinds of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

In order to establish a malpractice case the patient has to prove four legal elements: a duty the doctor owed them; a breach of this duty; a subsequent injury and damages. In certain states, such as New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is among the most important elements of medical malpractice cases. To establish causation, the plaintiff must show that they sustained the injury on a balance of probabilities as a result of the negligence of a physician. This can be a challenging task due to a variety of reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing ailments that were present prior to the time of treatment. The statute of limitations on a medical malpractice case could be extended over the course of several years and injuries can develop slowly.

In these situations it is often difficult to prove that a specific medical professional's violation of the standard of care caused the injury. The attorney may have collected evidence, like medical records and expert testimony that the injured person can use.

During the process of discovery as part of the legal process for preparing for a trial, your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is representing the case will be required to appear in deposition. This is a declaration that's given under an oath. Your lawyer will be able to cross-examine doctor and challenge their findings. The jury will then decide if the plaintiff has proven the essential elements of their case such as the duty of care, breach, causation and injury.

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 doctor violated professional obligations and that those breaches resulted in harm. The plaintiff's attorney has to be able to prove this by utilizing evidence gathered during discovery. This includes the request of documents, including medical records and other records from all parties in a lawsuit. Depositions, where statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor has violated their professional duty if they did something an ordinary prudent doctor would not have done under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proxy causes. For example the patient is admitted to the hospital for a hernia operation and is later told that he or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a certain period, referred to as the statute of limitations. This varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, and they have to prove the amount of compensation they're entitled to.

Damages

If medical negligence caused you to suffer a traumatic injury, medical malpractice law firm you have the right to be made whole. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then proceed to discovery, a process by which documents and statements are revealed under an oath. During discovery, medical records and doctor's notes are usually requested.

In the majority of states, you must establish four elements to be compensated for any injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of that obligation; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can demonstrate all of these elements in a medical negligence claim, you'll have an enviable case.

In some instances courts may make punitive damages available, which are designed to punish the perpetrator and discourage others from engaging in similar conduct. This isn't often however, in medical malpractice attorney malpractice cases. The courts must have very clear evidence of malice before they are able to make these extraordinary awards.