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How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps in her body following gall bladder surgery could file a lawsuit for medical negligence. A successful claim has to prove the elements of medical malpractice: duty, deviance from this duty and direct cause.

It is vital for our clients to establish a direct relationship between the breach of duty and the harm called proximate causation.

Causes of Injury

A medical malpractice claim can be filed by the injured person or an attorney. Based on the circumstances, this may be the spouse of the patient or an adult child, parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health care professional.

Malpractice cases typically involve many expert witnesses. Medical experts must testify as to whether the healthcare provider was acting in accordance with the standards of care in his or her specific field of expertise. They also need to testify on injuries caused by physician's actions or actions or.

Injuries caused by negligence and negligence can be very serious. For example, a misdiagnosis of a medical condition could have life-threatening consequences. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

To prove a malpractice claim, the patient must prove four legal elements: a duty that the physician owed to them; a breach of the breach; a resulting injury and damages. In certain states, like New York, the law places a limit on the amount of money that could be awarded for an action for malpractice.

Causation

The injury element, also known as causation, is one the most important elements of medical Malpractice law firm malpractice cases. To prove causation the plaintiff must show that they sustained their injury based on a balance of probabilities because due to the negligence of the doctor. This can be a difficult task due to a variety of reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit arise from long-term or medical malpractice law firm ongoing conditions that were already in the process of being treated prior to. Often the statute of limitation for a medical negligence claim is extended over a period of years, and injuries may develop slowly.

In these cases the proof that a medical professional's breach of the standard of care which led to the injury can be difficult. However, the aggrieved patient may be able to use evidence collected by the attorney, including medical documents and expert testimony.

During the discovery procedure which is an element of the legal procedure for the preparation of a trial your lawyer can request the defendants' lawyers disclose expert testimony and other documents. The doctor defending the lawsuit will then be asked to give evidence during deposition, which is testimony under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice to show that it is more than likely that the doctor violated the obligations of a physician and that those actions led to injury. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which includes requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. The process also involves the recording of sworn statements and used at trial.

A doctor breached the professional duties of a doctor in the event that he or her did something that a prudent physician would not do in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. A patient might 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 suits must be filed within a certain timeframe, also known as the statute of limitations. This is different from state to state. The injured patient must establish that the substandard care resulted in injury, and then he or she must prove the amount of financial compensation he or her deserves.

Damages

You deserve to be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you receive 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 proceed to discovery, in which documents and statements are made public under an oath. Medical records and the notes of the doctor are typically sought during discovery.

In the majority of states, you have to prove four things to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal relationship between the breach and the patient's injury and the damages that result from the injury. If your attorney can demonstrate all of these elements in a medical negligence claim, you will have an enviable case.

In certain cases the court might award punitive damage, which is meant to punish a wrongdoer, and discourage others from committing similar misconduct. However, this isn't the norm in medical malpractice cases, because the courts require evident proof of malice in order to award these awe-inspiring awards.