How to File a Medical Malpractice Case
A patient who discovers an object foreign to her body, such as surgical clamps in her body after gall bladder surgery can sue for medical negligence. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause and injury.
It is crucial for our clients to establish a direct relationship between the breach of duty and the resulting injury which is referred to as proximate cause.
The reason for injury
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medical malpractice law firms malpractice claim can be filed by the person who was injured or a legal representative. It could be the spouse or adult child guardian, parent or administrator of an estate belonging to a deceased patient, depending on the circumstances. In a case involving medical malpractice the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.
Expert testimony is typically required in cases of malpractice. Medical experts must testify as to whether or not the health care provider was in compliance with the standard of care for their particular area of expertise. They also have to testify about injuries caused by doctor's actions or actions or.
Injuries resulting from malpractice and negligence can be very serious. A mistake in diagnosis can have devastating consequences, such as an illness that could be life-threatening. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.
The patient must prove four legal elements in a malpractice claim: a duty owed to the patient by the physician and a breach of this duty; an injury caused by the breach and resulting damages. In certain states, like New York, the law places a limit on the amount that can be awarded in an action for malpractice.
Causation
The injury element, also known as causation, is one the most important elements of a medical malpractice case. To prove causation, the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a challenging task due to a variety of reasons.
For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were present prior to treatment. Often the statute of limitation for a
medical malpractice lawsuit is extended over a period of years, and the injuries may develop slowly.
In these cases it is necessary to prove that a medical professional's breached the standard of care that led to the injury is a challenge. The attorney could have collected evidence, such as medical records and expert testimony, that the injured patient can use.
During the discovery procedure, which is a part of the legal process for prepping for a trial your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be asked to testify in deposition. This is a testimony that's given under an oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proved the necessary elements of their claim, which includes duty, breach, causation and injury.
Negligence
If a claim for medical malpractice is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor breached his or her professional duties and that those breached duties caused injury. The lawyer for the plaintiff must show this through evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. The process also involves swearing statements that are recorded and used at trial.
A doctor has breached their professional duty if they did something a reasonable prudent physician would not have done under similar circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. A patient may go to the hospital to have a hernia fixed, but 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 brought within a legally prescribed time frame, known as the statute of limitations, which varies by state. The victim must prove that the substandard treatment caused injury, then they have to prove the amount of compensation they deserve.
Damages
If medical negligence caused you to suffer a traumatic injury, you should be compensated. Scaffidi & Associates can help you receive full and fair compensation for your losses.
The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then proceed to discovery, a procedure in which documents and statements are made public under the oath. Medical records and doctor's notes are typically requested during discovery.
In most states, in order to get compensation for injuries caused by malpractice, you have to establish four elements including a duty of good faith owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resulting from the injury. If your lawyer can prove all of these elements in a medical malpractice claim, you'll have a convincing case.
In some instances the court could award punitive damage which is intended to punish the perpetrator and discourage others from committing similar acts. However, this is rare in medical malpractice cases, as the courts require extremely specific proof of malice to give these extraordinary awards.