How to File a Medical Malpractice Case
A patient who discovers a foreign object such as surgical clamps in her body after gall bladder surgery can sue for
Medical Malpractice Law Firm negligence. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this obligation, direct cause and injury.
It is essential 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 malpractice claim can be filed by the injured person or a legal person to act on their behalf. Depending on the circumstances, this could be the spouse of the patient or an adult child parent, a guardian ad-litem or executor or administrator of the estate of the patient who died. The defendant in a medical malpractice suit is the health professional. This could be a doctor, nurse or therapist, or any other licensed health professional.
The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to provide evidence to prove that the doctor was acting in accordance with the standards of treatment in their particular field of expertise. They must also testify regarding injuries caused by doctor's actions or actions or.
Injuries resulting from malpractice and negligence can be quite severe. A misdiagnosis can have serious consequences, like the possibility of a life-threatening illness. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.
The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach and the resulting damages. In certain states, such as New York, the law places a limit on the amount that can be awarded for an action for malpractice.
Causation
The injury element, also referred to as causation, is one of the most important elements in
medical malpractice lawyer malpractice cases. To establish causation, the plaintiff must show that they suffered an injury based on a balance of probabilities because of the negligence of the doctor. This can be a difficult task for several reasons.
For example, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing ailments that were present before treatment began. Often the statute of limitation for a medical malpractice claim is extended over a period of years, and the injuries can develop gradually.
In these cases it is necessary to prove that a medical professional's breach of the standard of care and led to the injury is not easy. However, the patient who is afflicted may be able to use the evidence gathered by the attorney, including medical records and expert testimony.
During the discovery process that is part of the legal process the preparation of a trial your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be required to testify in deposition. This is a testimony that's given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven the elements of the case including breach of duty, breach of contract and causation.
Negligence
The plaintiff must convince the jury when filing a claim for medical malpractice that it is more likely that the doctor did not fulfill his or her responsibilities as a doctor and that these mistakes led to injuries. The plaintiff's lawyer has to show this through evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This process also involves sworn declarations that are recorded and used at trial.
A doctor has breached their professional duty in the event that they did something a reasonable and prudent doctor would not have done in the same circumstances. However it must be established that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. Patients may visit the hospital to repair a hernia and instead, have their gall bladder removed. This is medical negligence as the procedure was not beneficial to the patient.
Medical malpractice suits must be filed within a certain time frame, also known as the statute of limitations. This is different from state to state. The person who has suffered injury must prove that the negligence caused injury and then he or she must prove the amount of financial compensation he or she deserves.
Damages
You deserve to be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your losses.
The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then participate in discovery, a procedure in which documents and statements are disclosed under oath. During discovery
medical malpractice lawsuit records and doctor's notes are usually requested.
In most states, to get compensation for injuries caused through malpractice, you need to establish four elements that include a duty of care that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and injury; and damages resulting from the injury. If your attorney can prove all of these elements of a medical negligence claim, you will have an impressive case.
In certain cases the court can give punitive damages, which are designed to punish the perpetrator and discourage others from engaging in the same conduct. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of malice before they can make these extraordinary awards.