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How to File a Medical Malpractice Case

A patient who finds that a foreign object like surgical clamps, remains in her body following gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must establish the elements of medical malpractice lawsuit malpractice: duty, 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 the proximate cause.

Causes of Injury

A medical malpractice claim may be filed either by the person who was injured or an attorney. This could be a spouse, adult child parent, guardian, or administrator of the estate of a deceased patient depending on the circumstances. The plaintiff in a medical malpractice suit is the health professional. It could be an accredited doctor, nurse or therapist.

Expert testimony is usually required in malpractice cases. Medical experts must testify as to whether or whether the healthcare provider adhered to the standards of care in their specific field. They also need to testify on injuries caused by doctor's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. A misdiagnosis can have serious consequences, including life-threatening conditions. Other types of injuries can involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the doctor; a breach of this duty; injury caused by the breach and the resulting damages. In some states, medical malpractice lawsuits such as New York, the law places a limit on the amount that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element, also known as causation, is among the most important elements of a medical malpractice case. To establish causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This is a challenging task due to a variety of reasons.

Many of the injuries that form the basis for a medical negligence lawsuit stem from long-term conditions or ongoing conditions that existed prior to when treatment started. The statute of limitations on a medical malpractice case can be extended over a period of time and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's violation of the standard of care that led to the injury can be difficult. However, the patient who was hurt may be able to use evidence gathered by the attorney, like medical malpractice lawyers records and expert testimony.

During the process of discovery that is part of the legal process for preparing for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the case will be required to take deposition. This is a testimony that's given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the facts of the case which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice in court, that it is more likely that the physician violated his or her duties as a doctor and that these mistakes led to injuries. The plaintiff's lawyer has to prove this using evidence gathered through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties involved in the lawsuit. This process also involves sworn statements that are recorded and used in trial.

A doctor was in breach of his or her professional obligations when he or she did something that a prudent physician would not do 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. A patient could go to the hospital to repair a hernia and instead, have their gall bladder removed. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally defined time frame, known as the statute of limitations which is different for each state. The victim must prove that the negligence resulted in injury, and then he or she must prove how much monetary compensation he or she is entitled to.

Damages

If medical negligence has led you to suffer an injury, you are entitled to be made whole. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties participate in discovery. This is a process in which documents and declarations are disclosed under the oath. During discovery medical records and doctor's notes will typically be sought.

In the majority of states, medical malpractice lawsuits you have to demonstrate four elements in order to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider in breach of that duty; a causal relationship between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all of these elements, you have an extremely strong case for financial recovery in a medical malpractice claim.

In some instances the court might make punitive damages a possibility that is designed to punish the perpetrator and discourage others from committing similar crimes. This isn't often however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they are able to make these extraordinary awards.