How to File a Medical Malpractice Case
A patient who finds an object that is foreign, for example, surgical clamps within her body following gall bladder surgery is able to make a claim for
medical malpractice lawyers negligence. A successful lawsuit must establish the elements of medical malpractice: duty,
medical Malpractice law firm deviance from this duty and direct cause.
Our clients must establish a direct link between the breach of duty and the injury. This is known as proximate cause.
Cause of Injury
A
medical malpractice law firm malpractice claim can be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. Depending on the circumstances this may be the spouse of the patient or an adult child parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. In a medical negligence case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health professional.
Malpractice cases usually require a lot of expert testimony. Medical experts must testify as to whether the healthcare provider did what was required of treatment in their special area of expertise. They also have to testify to the harm resulting from the doctor's actions or inactions.
Injury caused by negligence and mistakes can be catastrophic. For instance, a misdiagnosis of a medical condition could have life-threatening consequences. Other types of injuries could include operating on the wrong part or putting instruments inside the patient during surgery.
In order to prove a malpractice claim, the patient must prove four legal elements: a duty that the doctor owed to them; a breach of this duty, resulting injury and damages. In certain states like New York the law limits the amount of money that can be awarded in a case of malpractice.
Causation
The injury element, also referred to as causation is one of the most crucial elements in medical malpractice cases. To prove causation, a plaintiff must show that they suffered an injury based on a balance of probabilities as a result of the physician's negligence. This can be a difficult job due to a variety of reasons.
For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing conditions that were already in the process of being treated prior to. The statute of limitations on a medical malpractice case could be extended for a number of years and injuries may develop slowly.
In these instances it can be difficult to prove that a certain
medical Malpractice law firm professional's failure to adhere to the standards of care caused the injury. However, the aggrieved patient could be able to use evidence collected by the attorney, such as medical records and expert testimony.
In the discovery process, which is a part of the legal process for preparing for a trial, your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will be asked to testify during a deposition, which is the testimony under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the essential elements of their case including obligation, breach, causation and injury.
Negligence
The plaintiff must convince the jury, when bringing a claim for medical malpractice that it is more likely that the physician violated his or her obligations as physician and that the breaches resulted in injury. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which involves the disclosure of documents, including medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath,
medical malpractice law Firm and recorded for use in trial, are also a part of this process.
A doctor was in breach of the professional duties of a doctor when he or she did something that a reasonable 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 causes. Patients may visit the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.
Medical malpractice lawsuits must be brought within a legally defined time frame, known as the statute of limitations, that varies from state to state. The person who suffered the injury must prove that the negligent treatment resulted in injury, and after that they must show what compensation they're entitled to.
Damages
If medical negligence caused you to suffer an injury, you deserve to be compensated. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your losses.
The first step is to file and serve a summons and complaint to all defendants named in the lawsuit. The parties then proceed to discovery, a procedure in which documents and statements are disclosed under the oath. During discovery medical records and doctor's notes are usually requested.
In the majority of states, you must prove four things in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, you can make a an excellent case for financial recovery in a medical malpractice claim.
In some cases the court can award punitive damages, which are designed to punish the perpetrator and discourage others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases as courts require evident proof of malice in order to make these extraordinary awards.