How to File a Medical Malpractice Case
A patient who finds that an object that is foreign like surgical clamps, is still inside her body following gall bladder surgery may file a medical malpractice lawsuit (
http://gpnmall.gp114.net/). A successful claim must establish the legal aspects of
medical malpractice attorneys negligence: duty, deviance from this duty, direct causes, and injury.
Our clients must establish a direct link between the breach of duty, and the injury. This is known as proximate cause.
The reason for injury
A medical malpractice lawsuit can be filed either by the person who suffered the injury or a legal representative. This could be a spouse, adult child or parent, guardian or administrator of the estate of a deceased person, depending on the circumstances. The defendant in a medical malpractice suit is the health care provider. This could be a licensed doctor, nurse or therapist.
Malpractice cases usually require a lot of expert testimony. Medical experts must determine if the healthcare provider performed his duties in accordance with the standard of medical care within their specific field of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.
Accidents caused by negligence or negligence can be very serious. For instance, a misdiagnosis of a health condition can result in life-threatening consequences. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.
To establish a malpractice claim the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach in this duty; a resultant injury; and damages. In certain states like New York the law limits the amount of money that can be awarded for a malpractice case.
Causation
The injury element, also referred to as causation, is one of the most crucial elements in a medical malpractice case. To prove causation, a plaintiff must demonstrate that they suffered an injury on the basis of probabilities because of the negligence of the doctor. This can be a difficult job due to a variety of reasons.
Many of the injuries that are the basis of a medical negligence suit result from long-term or ongoing conditions that existed prior to when treatment started. The time period for filing a medical malpractice case can be extended for a number of years and injuries can develop slowly.
In these situations it can be difficult to prove that a certain medical professional's violation of the standard of care caused the injury. The attorney could have gathered evidence, such as medical records and expert testimony, that the injured patient can utilize.
During the discovery process, which is part of the legal procedure prepping for trial, your lawyer could seek disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor defending the lawsuit will be called to testify during a deposition, which is testimony given under an oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case including breach of duty and causation.
Negligence
If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and that those violations caused harm. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which entails the disclosure of documents, including
medical malpractice law firm records from all parties involved in the lawsuit. This also includes swearing statements that are recorded and used in trial.
A doctor violated his or her professional duty if he or she did something that a reasonably prudent doctor would not do in similar circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. Patients may visit the hospital to repair a hernia, and instead, have 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, referred to as the statute of limitations that varies from state to state. The patient who was injured must show that the inadequate treatment caused injury, and they have to prove the amount of compensation they deserve.
Damages
If a medical error has caused you to suffer injury, you are entitled to be compensated. At Scaffidi & Associates, we can help you receive the full and fair compensation you deserve 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 engage in discovery. This is a procedure where documents and statements are disclosed under oath. Medical records and the doctor's notes are typically requested during discovery.
In many states, to be eligible for compensation for injuries incurred by malpractice, you have to establish four elements such as 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 that result from the injury. If your attorney can prove all these elements in a medical malpractice claim, you'll have an enviable case.
In certain instances the court might award punitive damage which is intended to punish a wrongdoer, and discourage others from committing similar acts. This is rare, however, in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.