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How to File a Medical Malpractice Case

A patient who discovers an object that is foreign like 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 malpractice law firms negligence: duty, deviation from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice lawsuit can be filed by the person who was injured or an attorney. It could be the spouse, adult child, parent, guardian or administrator of the estate of a deceased person, based on the circumstances. The defendant in a suit for medical negligence is the health professional. This could be a licensed nurse, doctor or therapist.

Malpractice cases usually require a lot of expert testimony. Medical experts are required to testify whether or whether the health professional adhered to the standards of treatment for their particular area of expertise. They must also testify to the damage caused by the actions or inactions of the doctor.

Accidents caused by negligence or negligence can be very serious. A misdiagnosis could have grave consequences, including the possibility of a life-threatening illness. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice claim the duty owed to the patient by the doctor or a breach of the obligation; an injury resulting by the breach; and the consequential damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded in an injury resulting from a malpractice claim.

Causation

The element of injury is known as the causation. It is one of most important aspects in a medical malpractice claim. To prove causation, the plaintiff must demonstrate that they suffered their injury based on a balance of probabilities as a result of the negligence of the doctor. This can be a difficult task due to several reasons.

For example, many injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing ailments that were present before treatment began. Often the statute of limitations for a medical malpractice lawsuit 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 failure to adhere to the standards of care caused the injury. The attorney could have gathered evidence, including expert testimony and medical records, that the injured patient may use.

During the discovery process, which is part of the legal procedure for preparation for trial, your lawyer can request disclosure of expert testimony and other documents from the defendants' attorneys. The doctor defending the lawsuit is then asked to testify during depositions, which are the testimony under oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has proved the elements of the case including breach of duty, breach of contract and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional duties and that the breached duties caused injuries. The plaintiff's attorney must prove this by using evidence obtained during discovery. This includes the request of documents, including medical records, from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use in trial, are also a part of this process.

A doctor was in breach of his or her professional obligation when he or she did something that a reasonable prudent physician would not do under similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For example, a patient goes to the hospital for a procedure to treat a hernia and is then able to have his or the gall bladder removed instead. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice suits must be filed within the legal time limit, known as the statute of limitations. This differs from state-to-state. The person who has suffered injury must prove that the negligent care caused injury, and then he or she must prove how much monetary compensation he or her deserves.

Damages

If medical malpractice law firms negligence caused you to suffer an injury, you should be compensated. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then participate in discovery, in which documents and statements are revealed under an oath. During discovery, medical records and doctor's notes are typically requested.

In the majority of states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things that include a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages that result from the injury. If your attorney can prove all these elements of a medical negligence claim, you'll have an enviable case.

In certain cases the court could give punitive damages that is intended to punish the wrongdoer and discourage others from committing similar acts. However, this is not the norm in medical malpractice cases because the courts require evident proof of malice in order to give these extraordinary awards.