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

How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her, such as surgical clamps, is still inside her body after gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this obligation, direct cause and injury.

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

Causes of Injury

A medical malpractice lawsuit can be filed by the injured person or a legal person to act on their behalf. This could be a spouse, adult child, parent, guardian or administrator of the estate of a deceased patient, depending on the circumstances. The defendant in a suit for medical negligence is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Expert testimony is typically required in malpractice cases. Medical experts must be able to prove whether or whether the health professional was in compliance with the standard of care for their particular area 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 extremely serious. For instance, a wrong diagnosis of a health condition can have life-threatening consequences. Other kinds of injuries include operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the physician or a breach of the obligation; an injury resulting by the breach; and the consequential damages. In certain states, such as New York, the law puts a limit on amount of money that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element is known as the causation. It is one of the most important aspects in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a difficult task for several reasons.

For example, many injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing ailments that were present prior to the time of treatment. The time-limit for medical malpractice cases can be extended over several years and the development of injuries can happen slowly.

In these instances it can be difficult to prove that a specific medical professional's breach of standard of care led to the injury. The attorney could have collected evidence, including expert testimony and medical records that the injured person can utilize.

During the discovery process, which is a part of the legal procedure preparation for trial, your lawyer may seek disclosure of expert testimony and other evidence from lawyers of the defendants. The doctor who is defending the lawsuit is then asked to give evidence during a deposition, which is testimony under an oath. Your lawyer may 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

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and that those violations caused injuries. The plaintiff's attorney has to demonstrate this through evidence gathered during pretrial discovery. This involves seeking documents, such as medical records, from all parties involved in a lawsuit. This also includes sworn statements that are recorded and used at trial.

A doctor has violated their professional duty when they did something that a reasonable prudent physician would not have done under the same circumstances. It must be proved that the breach resulted in injury directly to the patient. This is known as causation or proximate cause. For instance, a patient goes to the hospital for a hernia operation and is then able to have his or his gall bladder removed instead. This is medical negligence since the removal did not benefit 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 person who suffered the injury must show that the inadequate treatment caused injury, and they must prove what monetary compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties are involved in discovery. This is a process in which documents and declarations are revealed under the oath. During discovery, medical records and notes from a doctor will usually be requested.

In most states, to be eligible for compensation for injuries incurred by negligence, you must to establish four elements: a duty of care owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resultant from the injury. If your lawyer can prove all these elements in a Medical malpractice law firms negligence claim, you'll have a convincing case.

In some instances, courts can decide to award punitive damages. These are intended to penalize the wrongdoer and deter others from committing the same offense. However, this is not the norm in medical malpractice cases as courts require evident proof of malice in order to give these extraordinary awards.