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

How to File a Medical Malpractice Case

A patient who discovers that an object foreign to her like surgical clamps, remains inside her body after gall bladder surgery can file a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviance from the norm and direct reason.

It is important for our clients to establish a direct causal connection between the breach of duty and the injury called proximate causation.

Cause of Injury

A medical negligence case may be filed by the injured patient or a legal person to act on their behalf. This can be the spouse, adult child parent, guardian, or administrator of the estate of a deceased patient depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Expert testimony is typically required in malpractice cases. Medical experts are required to be able to testify that the doctor performed his duties in accordance with the standard of care in his or her specific area of expertise. They also have to testify about injuries caused by doctor's actions or inactions.

Injuries that result from malpractice or negligence can be very severe. For instance, a wrong diagnosis of a medical condition could have life-threatening consequences. Other kinds of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice claim: a duty owed to the patient by the physician and a breach of this duty; an injury caused by the breach and the consequential damages. In some states, like New York, the law sets a limit on the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The element of injury is known as the causation. It is one of the most crucial elements in a medical malpractice claim. To establish causation, the plaintiff must prove that their injury was caused by the physician's negligence. This can be a challenging task due to a variety of reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing illnesses that were present prior to treatment. Often, the statute of limitations for a medical malpractice attorney malpractice claim extends over a number of years, and the injuries can develop gradually.

In these cases the proof that a medical professional's violation of the standard of care which led to the injury is difficult. However, the person who was harmed could be able to make use of evidence collected by the attorney, like medical records and expert testimony.

During the discovery process, which is a component of the legal process for prepping for trial, your lawyer may ask for the disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is defending the lawsuit will then be called to testify during depositions, which are testimony under the oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will then decide if the plaintiff has proved the essential elements of their case including obligation, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional obligations and that those breached duties caused injury. The plaintiff's lawyer must show this through evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties who are involved in the lawsuit. This also includes swearing statements that are recorded and used in trial.

A doctor violated his or her professional duty if he or she did something that a prudent physician would not do in the same circumstances. However it must be established that the breach directly caused the injury to the patient. This is known as causation or proximate cause. For example when a patient is taken to the hospital for a hernia surgery and then has his or her gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated time frame, known as the statute of limitations which varies by state. The injured patient must establish that the negligent care caused injury and then show how much compensation he or she is entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive a fair and complete 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 then begin discovery, a procedure in which documents and statements are made public under an oath. During discovery, medical records and doctor's notes are typically requested.

In many states, to receive compensation for injuries caused by negligence, you must to prove four things: a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages resulting from the injury. If your attorney can establish all of these elements, you can make a an extremely strong case for financial compensation in a medical malpractice case.

In certain instances the court can give punitive damages that is designed to penalize a wrongdoer and discourage others from committing similar conduct. This is rare however, in medical malpractice cases. The courts must have clear evidence of malice before they may award these extraordinary damages.