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How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps in her body after gall bladder surgery may sue for farmington medical malpractice law firm malpractice. A successful claim has to prove the elements of medical negligence: duty, deviation from this duty and the direct reason.

It is crucial for our clients to establish a direct link between the breach of duty and the resulting injury called proximate causation.

The reason for injury

A medical malpractice claim can be initiated by the patient who was injured or a legal person to act on their behalf. Based on the circumstances, this could be a spouse of the patient or an adult child, parent, guardian ad litem or the administrator or executor of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify on whether or not the health care provider was in compliance with the standard of care in their specific field. They must also testify to the harm caused by the actions or inactions of a doctor.

The consequences of negligence and attorneys malpractice can be severe. A misdiagnosis can have serious consequences, such as the possibility of a life-threatening illness. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to establish a malpractice claim the patient must prove four legal elements: a duty that the doctor owed to them; a breach in this duty; a subsequent injury; and damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The injury element, also known as causation, is one of the most important elements in a medical malpractice case. To prove causation, the plaintiff must prove that they suffered an injury on the basis of probabilities because of the negligence of a physician. This can be a challenging task due to a variety of reasons.

Many of the injuries that form the basis for a medical negligence lawsuit stem from chronic illnesses that existed before treatment started. The time limit for a medical malpractice case can be extended over several years and the development of injuries can happen slowly.

In these cases it is necessary to prove that a medical professional's failure to adhere to the standard of care that led to the injury is difficult. However, the person who was harmed could be able to make use of evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is part of the legal process for preparation for trial, your lawyer may request the disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor who is defending the case will be required to appear in deposition. This is a declaration which is under the oath. Your lawyer may cross-examine the doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has substantiated all the elements of the case, including duty, breach 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 breached his or her professional duties and those breaches resulted in harm. The attorney representing the plaintiff must prove this by using evidence gathered during discovery. This includes seeking documents, such as clawson medical malpractice attorney records as well as other documents from all parties in the lawsuit. This process also involves sworn statements that are recorded and used at trial.

A doctor attorneys has breached their professional duty if they did something an ordinary prudent doctor would not have done in similar circumstances. It must be proved that the breach caused the injury directly to the patient. This is referred to as causation or proximate causes. For instance an individual goes to the hospital for a hernia surgery and is later told that he or her gall bladder removed instead. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, referred to as the statute of limitations that varies from state to state. The patient who is injured must prove that the negligence resulted in injury, and then demonstrate the amount of compensation he or she deserves.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties are involved in discovery. This is which involves the disclosure of documents and statements disclosed under the oath. During discovery, medical records and notes from a doctor are usually requested.

In most states, you need to establish four elements to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of the duty; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your attorney can establish all of these elements, you have an argument for financial compensation in a medical malpractice case.

In certain instances, courts can decide to award punitive damages. These are designed to punish the culprit and deter others from engaging in the same conduct. This is rare however, in medical malpractice cases. The courts must have very clear evidence of malice before they can make these extraordinary awards.