How to File a Medical Malpractice Case

A patient who discovers 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 elements of medical negligence: duty, deviance from this obligation, direct cause and injury.

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 claim can be filed by the injured person or a person legally designated to act on their behalf. Based on the specific circumstances, this may be the spouse of the patient or an adult child parent, guardian ad-litem or executor or administrator of the estate of the patient who died. The plaintiff in a medical malpractice lawsuit is the health professional. It could be an accredited doctor, nurse or therapist.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to testify whether or not the health care provider followed the standard of care for their particular area of expertise. They also need to testify on the injury that was caused by the physician's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

To prove a malpractice claim, the patient must prove four legal elements: a duty the physician owed to them; a breach in the breach; a resulting injury; and damages. In some states, like New York, the law puts a limit on amount that can be awarded for an action for malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements of medical malpractice cases. To establish causation, the plaintiff must prove that their injury was caused by the physician's negligence. This can be a challenging task due to a variety of reasons.

For lawrence medical Malpractice attorney instance, a lot of injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing ailments that were present prior to treatment. The time limit for a medical malpractice case can be extended over the course of several years and injuries may develop slowly.

In these instances, it is difficult to prove that a specific medical professional's breach of the standard of care caused the injury. The attorney could have gathered evidence, like medical records and expert testimony that the patient who was injured could use.

In the discovery process that is part of the legal process for preparing for a trial, your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be asked to appear in deposition. This is a statement that is given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated all the elements of the case including breach of duty and causation.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor did not perform his or her professional obligations and that those violations caused injuries. The lawyer for the plaintiff must show this through evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes hanover park medical malpractice attorney records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath, and recorded for trial, are also a part of this procedure.

A doctor has breached their professional obligation by doing something that a reasonable and prudent doctor would not have done in similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation, or proximate causes. For instance when a patient is taken to the hospital for a hernia surgery 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 must be filed within a certain time limit, known as the statute of limitations. This is different from state to state. The victim must prove that the substandard treatment caused injury, and then they must establish what compensation they deserve.

Damages

You should be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then engage in discovery, a procedure in which documents and statements are disclosed under an oath. During discovery lawrence Medical malpractice attorney records and doctor's notes are usually requested.

In many states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things: a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages caused by the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, you will have a convincing case.

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