What Medical Malpractice Settlement Experts Would Like You To Learn

How to File a Medical Malpractice Case

A patient who discovers an object foreign to her like surgical clamps, remains inside her body following gall bladder surgery may bring a medical malpractice lawsuit. A successful claim has to prove the elements of medical negligence: duty, deviation from the norm and direct reason.

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

Causes of Injury

A medical malpractice claim can be filed by the injured person or a person legally designated to act on their behalf. Based on the specific circumstances, this could be a spouse of the patient, an adult child or parent, guardian ad litem or the executor or administrator of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Malpractice cases usually require a lot of expert testimony. Medical experts must provide evidence to prove that the healthcare provider performed his duties in accordance with the standard of medical care within their particular field of expertise. They also have to testify about the injury caused by the physician's actions or inactions.

The consequences of malpractice and negligence can be quite severe. A misdiagnosis could have grave consequences, such as a life-threatening condition. Other kinds of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim: a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach and the consequential damages. In some states such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

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

For example, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were in the process of being treated prior to. The statute of limitations on a nevada medical malpractice attorney malpractice lawsuit can be extended over the course of several years, and injuries can develop slowly.

In these situations it is often difficult to prove that a specific medical professional's violation of the standards of care caused the injury. The attorney could have collected evidence, including medical records and expert testimony that the injured person can use.

During the discovery process, which is a component of the legal procedure prepping for trial, your lawyer could seek disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor who is defending the case will be required to testify in deposition. This is a declaration which is under the oath. Your lawyer may cross-examine the doctor and contest their findings. The jury will then decide whether the plaintiff has proved the necessary elements of their case including duty, breach, causation and injury.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breaches resulted in harm. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which includes requesting disclosure of documents including richardson medical malpractice lawyer records from all parties who are involved in the lawsuit. This also includes sworn statements that are recorded and attorneys used in trial.

A doctor has breached their professional duty in the event that they did something reasonable and prudent doctors would not have done under the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is known as causation or proximate cause. For instance, a patient goes to the hospital for a procedure to treat a hernia and is then able to have his or his gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, also known as the statute of limitations, which varies by state. The person who has suffered injury must prove that the substandard care resulted in injury, and then demonstrate the amount of compensation he or she is entitled to.

Damages

You deserve to be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and 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 notes from a doctor are usually requested.

In most states, you must prove four things in order to be compensated for injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of the duty; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your attorney can establish all of these elements, you will have an argument for financial compensation in a medical malpractice claim.

In certain cases courts may make punitive damages available, which are intended to penalize the offender and deter others from committing the same offense. But, this isn't often the case in medical malpractice cases as courts require specific proof of malice to award these extraordinary awards.