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

How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery is able to bring a lawsuit against a doctor for medical malpractice. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.

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

Causes of Injury

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

Expert testimony is typically required in malpractice cases. Medical experts are required to be able to testify that the medical professional did what was required of care in his or her specific area of expertise. They must also testify to the harm caused by the doctor's actions or inactions.

The consequences of malpractice and negligence can be very severe. For example, a misdiagnosis of a medical condition could have life-threatening effects. Other types of injuries include operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim which include a duty to the patient by the physician; a breach of this duty; injury caused by the breach and the consequential damages. In some states such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element, also known as causation is one of the most important elements in a medical malpractice case. To prove causation, a plaintiff must prove that they suffered an injury based on a balance of probabilities as a result due to the negligence of the doctor. This is a challenging task due to several reasons.

Many of the injuries that form the basis for a medical negligence lawsuit result from chronic illnesses that existed before treatment started. The time period for filing medical malpractice cases can be extended over several years and the development of injuries can happen slowly.

In these cases it is difficult to prove that a medical professional's failure to adhere to the standard of care which led to the injury is not easy. The attorney could have gathered evidence, including expert testimony and medical malpractice attorneys records that the patient who was injured could use.

During the discovery process, which is an integral part of the legal process for prepping for trial, your lawyer will seek disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor who is representing the case will be required to give deposition. This is a testimonies that is made under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide whether 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 filing a claim for medical malpractice, that it is more likely that the physician violated the obligations of physician and that the 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 malpractice law firms records from all parties involved in the lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor has breached their professional duty in the event that they did something reasonable and prudent doctors would not have done under the same circumstances. However it must be established that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient may visit the hospital to repair a hernia but instead end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, called the statute of limitations that varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, and then they must establish what compensation they're entitled to.

Damages

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

The first step is filing and serving a summons and complaint to all named defendants in the lawsuit. The parties then engage in discovery, in which documents and declarations are made public under the oath. During discovery medical records and notes from a doctor are typically requested.

In the majority of states, you have to prove four things to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a 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 demonstrate all of these elements in a medical negligence claim, you'll have a convincing case.

In some cases, courts can make punitive damages available, which are designed to punish the offender and deter others from engaging in the same conduct. This is not the norm, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they can give these extraordinary damages.