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How to File a Medical Malpractice Case

A patient who finds that a foreign object like surgical clamps, remains in her body following gall bladder surgery could bring a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from this duty and direct cause.

It is crucial for our clients to establish a direct link between the breach of duty and the harm that is known as proximate causation.

Cause of Injury

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

Malpractice cases usually require many expert witnesses. Medical experts are required to testify as to whether the health care provider performed his duties in accordance with the standard of care in their specific area of expertise. They also need to testify on the injury that was caused by the doctor's actions or actions or.

Injury caused by negligence and mistakes can be catastrophic. An incorrect diagnosis can lead to serious consequences, like 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 prove a malpractice case, the patient must prove four legal elements: a duty the physician owed to them; a breach of the breach; a resulting injury and damages. In certain states like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also known as causation, is among the most important elements of a medical malpractice case. To prove causation the plaintiff must prove that they sustained the injury on a balance of probabilities because of the physician's negligence. This can be a difficult task due to a variety reasons.

Many of the injuries that are the basis of medical negligence lawsuits result from chronic issues that existed before treatment started. The time limit for a medical malpractice case could be extended over the course of several years and injuries may develop slowly.

In these instances it can be difficult to prove that a particular medical professional's breach of standards of care caused the injury. However, the patient who is afflicted could be able to use evidence gathered by the attorney, such as medical records and expert testimony.

During the discovery process, which is a component of the legal procedure preparing for trial, your lawyer could ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the case will be asked to appear in deposition. This is a testimonies which is under oath. Your lawyer is able to cross-examine doctor and challenge their conclusions. The jury will then decide if the plaintiff has proved the necessary elements of their case such as obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury in a case of medical malpractice that it is more than likely that the doctor violated his or lawsuits her obligations as physician and that the mistakes led to injuries. The plaintiff's lawyer must demonstrate this through evidence gathered during discovery. This involves the request of documents, including medical records and other records from all parties in a lawsuit. This process also involves the recording of sworn statements and used in trial.

A doctor has violated his or her professional obligation when he or she did something that a reasonably prudent doctor would not do under the same 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 might go to the hospital in order to have a hernia repaired, however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, referred to as the statute of limitations which varies by state. The injured patient must establish that the substandard care resulted in injury, and then he or she must demonstrate the amount of compensation they are entitled to.

Damages

If a medical error has caused you to suffer injury, you should be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties are involved in discovery. This is a process which involves the disclosure of documents and statements made public under an oath. During discovery medical records and notes from a doctor will typically be sought.

In most states, you need to establish four elements to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider in breach of that obligation; a causal connection between the breach and the injury suffered by the patient and the damages that result from the injury. If your attorney can establish all of these elements, you will have an excellent case for financial compensation in a medical negligence claim.

In certain cases, a court may give punitive damages, which are intended to punish the wrongdoer and deter others from engaging in similar conduct. However, this is not the norm in medical malpractice cases as the courts require extremely evident proof of malice in order to make these extraordinary awards.