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How to File a medical malpractice lawyer Malpractice Case

A patient who discovers an object that is foreign like surgical clamps, remain inside her body following gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice claim may be filed by the injured person or an attorney. Depending on the circumstances, this could be a spouse of the patient or an adult child, parent, guardian ad litem, or the administrator or executor of the estate of the deceased patient. In a case of medical malpractice the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts must be able to prove whether or the medical professional adhered to the standards of treatment in their specific field. They also need to testify on the injury that was caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be very severe. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other types of injuries can involve operating on the wrong body part or putting surgical instruments in the patient.

In order to establish a malpractice claim the patient must prove four legal elements: a duty the doctor owed them; a breach of this duty; a resultant injury; and damages. In some states such as New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

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

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

In these cases it is difficult to prove that a medical professional's breached the standard of care and led to the injury is not easy. However, the patient who was hurt may be able to use evidence collected by the attorney, like medical records and expert testimony.

During the discovery process, which is a part of the legal process for preparing for trial, your lawyer will request the disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the lawsuit will then be required to testify in depositions, which are the testimony under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the necessary elements of their case, including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice in court, that it is more likely that the doctor did not fulfill the obligations of physician and that the violations caused injury. The plaintiff's attorney must demonstrate this using evidence gathered during pretrial discovery. This includes requesting documents, including medical records and other records from all parties in a lawsuit. This process also involves the recording of sworn statements and used at trial.

A doctor has violated their professional duty by doing something that a reasonable prudent physician would not have done under similar circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. A patient might go to the hospital in order to have a hernia fixed, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal time frame, also known as the statute of limitations. This varies from state to state. The injured patient has to show that the inadequate treatment caused injury, and then they have to prove the amount of compensation they're entitled to.

Damages

If medical negligence caused you to sustain an injury, you deserve to be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties then engage in discovery. This is a process where documents and evidence are revealed under an oath. During discovery, medical records and notes from a doctor are typically requested.

In the majority of states, you must prove four things in order to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider; 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 establish all of these elements, you have an extremely strong case for financial recovery in a medical malpractice case.

In some cases the court could award punitive damage which is intended to punish the wrongdoer and discourage others from committing similar crimes. However, this is rare in medical malpractice cases, since courts require evident proof of malice in order to give these extraordinary awards.