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How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body like surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from this duty and the direct reason.

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

Causes of Injury

A medical malpractice attorneys malpractice lawsuit can be filed either by the victim or a legal representative. Depending on the circumstances, this may be the spouse of the patient or an adult child, parent, a guardian ad litem, or the administrator or executor of the estate of the deceased patient. In a case involving medical malpractice the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

Malpractice cases typically involve many expert witnesses. Medical experts must testify as to whether or whether the healthcare provider adhered to the standards of treatment for their particular area of expertise. They must also testify to the harm resulting from the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be extremely serious. For instance, a wrong diagnosis of a medical condition could have life-threatening effects. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

In order to prove a malpractice case the patient has to prove four legal elements: a duty the physician owed to them; a breach of this duty; a subsequent injury and damages. In some states such as New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one of the most important elements of a medical malpractice case. To establish causation the plaintiff must prove that their injury was caused by a physician's negligence. This is a challenging task for several reasons.

For example, many injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing illnesses that were present prior to the time of treatment. The time period for filing medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these instances, proving that a medical professional's failure to adhere to the standard of care that led to the injury is not easy. The attorney may have collected evidence, including expert testimony and medical records, that the injured patient may use.

During the discovery process, which is an integral part of the legal procedure for prepping for trial, your lawyer can ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the lawsuit will be called to testify during a deposition, which is testimony that is under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the necessary elements of their claim, which includes duty, breach, causation and injury.

Negligence

When a medical malpractice claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and those breached duties caused harm. The attorney representing the plaintiff must demonstrate this through evidence collected during discovery. This involves requesting documents, including medical records from all parties involved in the lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor has breached their professional duty by doing something that an ordinary prudent doctor would not have done under similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is known as causation or proxy causes. For instance, a patient goes to the hospital for a hernia procedure and is then able to have his or his gall bladder removed instead. This is medical malpractice law firms malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal period, referred to as the statute of limitations. This varies from state to state. The patient who was injured must prove that the negligent treatment caused injury, then they must show what compensation they deserve.

Damages

You should be compensated for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

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 are involved in discovery. This is a procedure in which documents and declarations are presented under oath. During discovery medical records and doctor's notes are typically requested.

In the majority of states, you have to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal link between the breach and the injury suffered by the patient; and damages that flow 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 case.

In some cases, courts can make punitive damages available, which are intended to penalize the offender and deter others from engaging in the same conduct. It is not common however, especially in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to give these extraordinary damages.