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How to File a Medical Malpractice Case

A patient who finds that an object foreign to her, such as surgical clamps, is still inside her body following gall bladder surgery may be able to file a lawsuit for medical malpractice. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from this duty and the direct reason.

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

Cause of Injury

A medical malpractice lawsuit can be filed by the injured person or a person legally designated to represent them. This could be a spouse or adult child, parent, guardian or administrator of a deceased patient's estate depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Expert testimony is usually required in malpractice cases. medical malpractice law firm experts are required to be able to testify that the doctor did what was required of care in his or her specific area of expertise. They must also testify about injuries caused by physician's actions or actions or.

Injuries caused by negligence and malpractice can be severe. For example, a misdiagnosis of a health problem could cause life-threatening complications. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice case the patient has to prove four legal elements: a duty the doctor owed them; a breach of this duty, resulting injury and damages. In certain states like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element is also called the causation. It is among the most crucial elements in a medical negligence claim. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This is a difficult task for a number of reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing ailments that were present prior to treatment. The time period for filing medical malpractice cases can be extended over several years and injuries can develop slowly.

In these instances, it is difficult to prove that a particular medical professional's failure to adhere to the standard of care led to the injury. However, the patient who was hurt might be able use the evidence gathered by the attorney, including medical malpractice attorneys records and expert testimony.

During the discovery process, which is part of the legal procedure getting ready for trial, your lawyer could seek disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the case will be required to take a deposition. This is a testimonies that is made under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proved the necessary elements of their case including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice that it is more likely that the physician violated his or her duties as a physician and that those mistakes led to injuries. The plaintiff's attorney has to prove this by using evidence collected during discovery. This involves soliciting documents, including medical records, from all parties involved in a lawsuit. Depositions, wherein statements are made under oath, and recorded for use at trial, are also part of this process.

A doctor violated his or her professional duty when he/she did something that a reasonably prudent doctor would not do in similar circumstances. It must be proven that the breach caused the injury directly to the patient. This is referred to as causation, or proxy causes. For example an individual goes to the hospital for a hernia procedure and is later told that he or her gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, also known as the statute of limitations, which is different for each state. The person who has suffered injury must prove that the care provided was substandard and caused injury, and then he or she must demonstrate the amount of compensation he or she is entitled to.

Damages

If medical negligence has caused you to sustain an injury, you are entitled to be made whole. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then begin discovery, a process by which documents and statements are revealed under an oath. During discovery, medical records and notes from a doctor will usually be requested.

In many states, to receive compensation for injuries sustained by malpractice, you need to prove four things including a duty of good faith that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your attorney can establish all of these elements, you will have an extremely strong case for financial recovery in a medical malpractice case.

In some instances, the court may decide to award punitive damages that is intended to penalize a wrongdoer and deter others from engaging in similar conduct. However, this isn't the norm in medical malpractice cases, because the courts require evident proof of malice in order to award these awe-inspiring awards.