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How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps within her body following gall bladder surgery could sue for medical malpractice. A successful claim must demonstrate the elements of medical negligence: duty, deviation from the norm and direct reason.

It is important for our clients to establish a direct connection between the breach of duty and the damage that is known as proximate causation.

The reason for injury

A claim for medical malpractice can be filed by the injured person or a legal representative. It could be the spouse, adult child guardian, parent or administrator of the estate of a deceased patient, based on the circumstances. In a case of medical malpractice the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health care professional.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts must be able to prove whether or whether the healthcare provider followed the standard of care for their specific area. They must also testify as to the harm that was caused by the doctor’s actions or inactions.

Injuries that result from malpractice or negligence can be quite severe. For example, a misdiagnosis of a health condition can result in life-threatening consequences. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim: a duty owed to the patient by the doctor and a breach of this obligation; an injury resulting by the breach and the consequential damages. In certain states, like New York, the law sets a limit on the amount of money that can be awarded for an action for malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements in medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This can be a challenging task due to several reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing ailments that were present prior to treatment. The time period for filing a medical malpractice lawsuit can be extended over a period of time and the development of injuries can happen slowly.

In these instances it can be difficult to prove that a certain medical professional's breach of standard of care led to the injury. However, the patient who is afflicted might be able use evidence collected by the attorney, including medical records and expert testimony.

During the discovery process, which is a part of the legal process for preparation for trial, your lawyer will request disclosure of expert testimony and other documents from the defendants' attorneys. The doctor defending the lawsuit will be asked to testify during a deposition, which is testimony under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved all the elements of the case including breach of duty, breach of contract and causation.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and those breaches caused injuries. The plaintiff's lawyer must demonstrate this by presenting evidence through pretrial discovery, which entails the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for trial, are also a part of this process.

A doctor medical malpractice Lawsuits has violated his or her professional duty in the event that he or her did something that a reasonable prudent physician would not do in similar circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation or causal proximate causes. A patient may go to the hospital in order to repair a hernia however, they end up having their gall bladder removed. This is medical negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, medical malpractice lawsuits referred to as the statute of limitations which is different for each state. The injured patient has to show that the inadequate treatment caused injury, then they must establish what compensation they're entitled to.

Damages

If medical malpractice attorneys negligence caused you to suffer an injury, you deserve to be made whole. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties participate in discovery. This is where documents and statements are disclosed under an oath. Medical records and the notes of a doctor are typically requested during discovery.

In the majority of states, you must demonstrate four elements in order to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal relationship between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements, you will have an extremely strong case for financial recovery in a medical malpractice claim.

In certain instances courts may award punitive damages, which are intended to punish the offender and deter others from committing the same offense. This is rare however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.