How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps inside her body following gall bladder surgery is able to sue for medical negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

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

Causes of Injury

A medical malpractice case can be initiated by the patient who was injured or a legal person to act on their behalf. Based on the circumstances, this could be the spouse of the patient or an adult child parent, a guardian ad litem or the executor or administrator of the estate of the patient who died. In a medical malpractice case, the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. ione medical malpractice law firm experts must be able to testify that the doctor acted within the standard of care in their specific area of expertise. They must also testify about injuries caused by physician's actions or actions or.

The consequences of malpractice and negligence can be very severe. For instance, a wrong diagnosis of a health issue could result in life-threatening consequences. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

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

Causation

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

A lot of the injuries that form the basis for a medical negligence suit result from long-term illnesses or conditions which were present before treatment began. The time period for filing a medical malpractice case can be extended over a period of time and injuries can develop slowly.

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

During the discovery process, which is a component of the legal procedure 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 representing the case will be asked to take a deposition. This is a statement that is given under the oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will decide if the plaintiff has proven all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury in a case of medical malpractice to show that it is more than likely that the doctor violated his or her obligations as physician and that the violations caused injury. The attorney representing the plaintiff must demonstrate this through evidence gathered during pretrial discovery. This includes seeking documents, such as medical records from all parties involved in a lawsuit. Depositions, in which the statements are made under oath and recorded for use at trial, are also part of this process.

A doctor has breached their professional duty if they did something a reasonable and prudent doctor would not have done under similar circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or proximate cause. Patients may visit the hospital to have a hernia fixed, however, they end up having 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 legally defined period of time, called the statute of limitations, which varies according to the state. The injured patient must establish that the negligent care resulted in injury, and then he or she must prove the amount of financial compensation he or she deserves.

Damages

If medical negligence caused you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties then engage in discovery. This is a procedure where documents and statements are disclosed under oath. During discovery, hamlet medical malpractice lawyer records and notes from a doctor are typically requested.

In many states, to receive compensation for injuries sustained by negligence, you must to establish four elements such as a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages caused by the injury. If your attorney can establish all of these elements, you will have an extremely strong case for financial recovery in a medical malpractice claim.

In certain instances courts may make punitive damages available, which are designed to punish the culprit and deter others from engaging in similar misconduct. This is rare, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they may award these extraordinary damages.