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How to File a Medical Malpractice Case

A patient who finds that an object that is foreign, such as surgical clamps, is still inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.

It is crucial for our clients to establish a direct link between the breach of duty and the harm which is referred to as proximate cause.

The reason for injury

A medical malpractice claim may be filed either by the victim or a legal representative. Based on the circumstances, this may be the spouse of the patient, an adult child or parent, a guardian ad-litem or executor or administrator of the estate of the deceased patient. The defendant in a suit for medical negligence is the health professional. This could be a nurse, doctor or therapist, or any other health professional.

Expert testimony is usually required in cases of malpractice. Medical experts must provide evidence to prove that the doctor did what was required of medical care within their specific area of expertise. They must also testify about the injury that was caused by the doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be very severe. For instance, a misdiagnosis of a health condition can cause life-threatening complications. Other types of injuries could 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 that include a duty owed to the patient by the doctor; a breach of this duty; an injury caused by the breach; and the resulting damages. In certain states, such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also known as causation is one of the most important elements in medical malpractice cases. To prove causation, a plaintiff must show that they suffered their injury on the balance of probabilities due to of the negligence of the doctor. This can be a difficult task for a number of reasons.

For instance, many injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already in the process of being treated prior to. Often the statute of limitations for a medical negligence 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 failure to adhere to the standard of care that led to the injury is difficult. However, the patient who was hurt could be able to use the evidence collected by the attorney, such as medical documents and expert testimony.

During the discovery process which is an element of the legal process the preparation of a trial your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit is then required to testify in a deposition, which is testimony that is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established that the allegations of the case are true, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice to show that it is more than likely that the doctor violated his or her responsibilities as medical professional and that these violations caused injury. The plaintiff's lawyer must demonstrate this with 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. Depositions, where statements are made under oath and recorded for use in trial, are also part of this process.

A doctor breached his or her professional duty when he/she did something that a reasonably prudent doctor would not do under similar circumstances. It must be established that the breach caused injury directly to the patient. This is known as causation or proximate causes. For instance, a patient goes to the hospital for a procedure to treat a hernia and is then able to have his or the gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

medical malpractice lawsuits, Read More Here, must be filed within a legally-defined period of time, called the statute of limitations, that varies from state to state. The injured patient has to demonstrate that the treatment was substandard and resulted in injury, and after that they have to prove the amount of compensation they're entitled to.

Damages

You should be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can assist you to receive the full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it or Medical Malpractice lawsuits summons, as well as other documents on all defendants. The parties then begin discovery, a process in which documents and statements are revealed under an oath. Medical records and the notes of a doctor are typically requested during discovery.

In most states, you need to prove four things to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider in breach of that duty; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all these elements in a medical negligence claim, you'll have a strong case.

In some cases the court could award punitive damage that is intended to punish the perpetrator and discourage others from committing similar acts. It is not common, however, in medical malpractice cases. The courts must have a clear evidence of malice before they may give these extraordinary damages.