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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body, such as surgical clamps, remains in her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.

It is crucial for our clients to establish a direct relationship between the breach of duty and the resulting injury that is known as proximate causation.

Cause of Injury

A medical malpractice claim may be filed by the person who was injured or a legal representative. It could be the spouse, adult child or parent, guardian or administrator of an estate belonging to a deceased patient, depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other health care professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to be able to testify that the doctor performed his duties in accordance with the standard of treatment in their specific area of expertise. They must also testify about the injury caused by the physician's actions or inactions.

The consequences of negligence and negligence can be very serious. A misdiagnosis could have grave consequences, including an illness that could be life-threatening. Other kinds of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

To prove a malpractice case the patient has to prove four legal elements: a duty the physician owed to them; a breach in this duty; a resultant injury and damages. In some states, such as New York, the law puts a limit on amount that can be awarded in an injury resulting from a malpractice claim.

Causation

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

Many of the injuries that are the basis for a medical negligence suit result from long-term or ongoing issues that existed before treatment started. Often the statute of limitations for a medical negligence claim extends out over a number of years, and the injuries may develop slowly.

In these instances, it is difficult to prove that a particular medical professional's breach of standards of care caused the injury. However, the patient who was hurt might be able use evidence gathered by the attorney, such as medical records and expert testimony.

During the discovery process, which is a component of the legal procedure preparing for trial, your lawyer will seek disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the lawsuit is then asked to give evidence during deposition, which is testimony that is under oath. Your lawyer can cross-examine the doctor and contest the doctor's findings. The jury will then decide if the plaintiff has proven the necessary elements of their case including duty, breach, causation and injury.

Negligence

If a medical malpractice lawsuit 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 duties and that the breached duties caused injury. The lawyer representing the plaintiff must show this through evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties who are involved in the lawsuit. The process also involves swearing statements that are recorded and used in trial.

A doctor has violated his or her professional obligations in the event that he or her did something that a prudent doctor would not do in the same circumstances. It must be established that the breach caused the injury directly to the patient. This is known as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and is then able to have his or her gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice suits must be filed within a certain time frame, also known as the statute of limitations. This differs from state to state. The person who suffered the injury must demonstrate that the treatment was substandard and caused injury, and they must show what compensation they deserve.

Damages

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

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then engage in discovery. This is a process in which documents and declarations are disclosed under oath. During discovery, medical malpractice lawsuits records and doctor's notes are usually requested.

In the majority of states, you have to prove four things to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of the duty; a causal link between the breach and the patient's injury and damages resulting from the injury. If your attorney can establish all of these elements, you can make a an argument for financial compensation in a medical negligence claim.

In certain cases the court could give punitive damages, which is meant to penalize a wrongdoer and deter others from engaging in similar misconduct. It is not common however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they may give these extraordinary damages.