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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct causes, and injury.

Our clients must establish a direct connection between the breach of duty and the injury. This is known as the proximate cause.

Cause of Injury

A medical malpractice case can be initiated by the patient who was injured or a person legally designated to represent them. Based on the circumstances, this could be the spouse of the patient, an adult child or parent, guardian ad Litem or the administrator or executor of the estate of the deceased patient. In a case of medical malpractice Law firm malpractice the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health care professional.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify whether or the medical professional followed the standard of care for their specific area. They also have to testify about the injury that was caused by the physician's actions or inactions.

Injuries caused by negligence and mistakes can be catastrophic. For example, a misdiagnosis of a health condition can have life-threatening effects. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

To prove a malpractice claim the patient has to prove four legal elements: a duty that the doctor owed to them; a breach in this duty; a subsequent injury and damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded for a malpractice claim.

Causation

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

For instance, many of the injuries that are the subject of a medical-malpractice lawsuit stem from long-term or ongoing conditions that were already in the process of being treated prior to. The time limit for a medical malpractice lawsuit can be extended over the course of several years and the development of injuries can happen slowly.

In these situations it can be difficult to prove that a particular medical professional's violation of the standards of care caused the injury. However, the person who was harmed may be able to use the evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is a part of the legal procedure prepping for trial, your lawyer will request the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the lawsuit will be asked to give evidence during deposition, which is testimony under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the necessary elements of their case, including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice Law firm medical malpractice, that it is more likely that the doctor acted in violation of the obligations of medical professional and that these breaches resulted in injury. The plaintiff's lawyer must demonstrate this through evidence gathered during discovery. This involves soliciting documents, including medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use at trial, are also a part of this procedure.

A doctor violated his or her professional obligation when he/she did something that a reasonably prudent physician would not do in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient might visit the hospital to repair a hernia but end up having their gall bladder removed. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice suits must be filed within a legal period, referred to as the statute of limitations. This differs from state-to-state. The person who has suffered injury must prove that the negligent care caused injury and then demonstrate the amount of compensation he or she deserves.

Damages

You deserve to be compensated for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then participate in discovery, a process in which documents and statements are revealed under oath. During discovery medical records and doctor's notes will typically be sought.

In most states, to receive compensation for injuries sustained through malpractice, you need to establish four elements including a duty of good faith due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can prove all of these elements, you have an excellent case for financial compensation in a claim for medical malpractice.

In some instances, courts can decide to award punitive damages. These are intended to punish the wrongdoer and deter others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases, as the courts require extremely evident proof of malice in order to make these extraordinary awards.