How to File a Medical Malpractice Case
If a patient discovers that an object that is foreign, such as surgical clamps, remains inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct cause and injury.
It is important for our clients to establish a direct causal connection between the breach of duty and the injury which is referred to as proximate cause.
The reason for injury
A medical negligence case may be filed by the injured patient or a person legally designated to act on their behalf. This could be a spouse or adult child, parent, guardian or administrator of an estate belonging to a deceased patient, depending on the circumstances. In a
medical malpractice law firms negligence case, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.
Expert testimony is typically required in cases of malpractice. Medical experts are required to provide evidence to prove that the doctor acted within the standard of care in his or her special area of expertise. They must also testify regarding injuries caused by physician's actions or actions or.
The consequences of negligence and malpractice can be severe. For instance, a misdiagnosis of a health problem could cause life-threatening complications. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.
The patient must prove four
legal elements of a malpractice claim that include a duty owed to the patient by the physician or a breach of the obligation; a harm caused by the breach; and the consequential damages. In some states, such as New York, the law puts a limit on amount of money that can be awarded in an injury resulting from a malpractice claim.
Causation
The element of injury is known as the causation. It is one of most crucial elements in a medical malpractice claim. To prove causation, a plaintiff must demonstrate that they sustained the injury on the basis of probabilities as a result due to the negligence of the doctor. This can be a challenging task for a number of reasons.
Many of the injuries that are the basis for a medical negligence lawsuit stem from long-term illnesses or conditions that existed prior to when treatment began. Often the statute of limitations for a medical malpractice lawsuit is extended over a period of years, and injuries may develop slowly.
In these cases, it is difficult to prove that a particular medical professional's breach of standards of care caused the injury. The attorney may have gathered evidence, including expert testimony and medical records that the patient who was injured can utilize.
During the discovery process, which is a component of the legal procedure for preparation for trial, your lawyer can request disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the case will be required to give deposition. This is a testimony that's given under the oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will then decide if the plaintiff has proven the essential elements of their case including the duty of care, breach, causation and injury.
Negligence
If a claim for medical malpractice is filed the plaintiff must to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and that the breaches caused harm. The attorney representing the plaintiff must prove this by using evidence collected during discovery. This includes soliciting documents, including medical records as well as other documents from all parties in a lawsuit. Depositions, where statements are made under oath, and recorded to be used at trial, are also part of this process.
A doctor has violated their professional obligation in the event that they did something a reasonable and prudent doctor would not have done in the same circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate cause. A patient may go to the hospital in order to repair a hernia however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.
Medical malpractice lawsuits must be filed within a legally prescribed period of time, referred to as the statute of limitations that varies from state to state. The victim must prove that the substandard treatment caused injury, and then they must show what compensation they're entitled to.
Damages
You deserve to be compensated for any injuries you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.
The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties participate in discovery. This is where documents and statements are made public under oath. Medical records and the notes of a doctor are typically requested during discovery.
In most states, in order to receive compensation for injuries sustained by malpractice, you need to prove four things including a duty of good faith due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resultant from the injury. If your attorney can establish all of these elements, you will have an excellent case for financial recovery in a medical negligence claim.
In certain instances the court could make punitive damages a possibility that is designed to punish a wrongdoer, and deter others from engaging in similar acts. This is rare, however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to make these extraordinary awards.