How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body such as surgical clamps in her body following gall bladder surgery can sue for medical malpractice. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from the norm and direct cause.

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

Causes of Injury

A medical malpractice lawyer malpractice claim can be filed either by the injured person or a legal representative. It could be the spouse or adult child guardian, parent or administrator of the estate of a deceased patient, depending on the circumstances. The defendant in a suit for medical negligence is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Expert testimony is often required in cases of malpractice. Medical experts must provide evidence to prove that the doctor was acting in accordance with the standards of medical care within their special area of expertise. They also have to testify about the injury that was caused by the doctor's actions or inactions.

Injury caused by negligence and malpractice can be severe. For example, a mistake in the diagnosis of a health condition can have life-threatening consequences. Other kinds of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice claim which include a duty to the patient by the physician or a breach of the obligation; an injury resulting by the breach; and resulting damages. In certain states, like New York the law limits the amount of money that can be awarded for medical malpractice law firm a malpractice claim.

Causation

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

Many injuries that are the basis for a medical negligence lawsuit result from long-term conditions or ongoing issues that existed before treatment started. The statute of limitations on a medical malpractice case can be extended over several years and the development of injuries can happen slowly.

In these instances, proving that a medical professional's breached the standard of care led to the injury can be difficult. The attorney may have gathered evidence, like medical records and expert testimony that the injured person could use.

During the discovery process, which is a component of the legal process for prepping for trial, your lawyer may request disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor who is defending the case will be required to appear in a deposition. This is a testimony that's given under an oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the essential elements of their claim, which includes obligation, breach, causation and injury.

Negligence

If a medical malpractice lawsuit 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 injuries. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which entails requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. The process also involves the recording of sworn statements and used at trial.

A doctor breached his or her professional obligation in the event that he or vimeo her did something that a reasonable prudent physician would not do in the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or causal proximate causes. Patients may go to the hospital to repair a hernia however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

elsmere medical Malpractice law firm malpractice lawsuits must be filed within a legal timeframe, also known as the statute of limitations. This differs from state-to-state. The victim must prove that the substandard care caused injury, and then show how much compensation he or she deserves.

Damages

If medical negligence has caused you to sustain an injury, you are entitled to be compensated. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then begin discovery, a procedure in which documents and declarations are made public under oath. During discovery, medical records and notes from a doctor will typically be sought.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of that duty; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can establish all of these elements, you have an excellent case for financial recovery in a medical malpractice claim.

In certain cases the court can make punitive damages a possibility, which is meant to punish the perpetrator and discourage others from committing similar crimes. This is not the norm 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.