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How to File a medical malpractice law firms Malpractice Case

A patient who discovers that an object foreign to her like surgical clamps, remains in her body following gall bladder surgery may file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from this duty and direct cause.

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

Cause of Injury

A claim for medical malpractice can be filed by the victim or an attorney. This could be the spouse, adult child guardian, parent or administrator of the estate of a deceased person, based on the circumstances. In a medical malpractice case the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts must determine if the healthcare provider acted within the standard of care in their special area of expertise. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

The consequences of malpractice and negligence can be extremely serious. A misdiagnosis can have serious consequences, such as life-threatening conditions. Other types of injuries can involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim which include a duty to the patient by the physician and a breach of that duty; an injury caused by the breach and resulting damages. In certain states like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The element of injury is known as the causation. It is one of most crucial aspects in a medical malpractice claim. To establish causation, the plaintiff must prove that their injury was caused by a physician's negligence. This is a challenging task for several reasons.

Many injuries that are the basis for a medical negligence suit result from long-term or ongoing illnesses that existed before treatment started. The time-limit for a medical malpractice lawsuit can be extended over several years and injuries may develop slowly.

In these cases it is often difficult to prove that a certain medical professional's breach of the standard of care led to the injury. However, the patient who was hurt might be able use the evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer can 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 take a deposition. This is a testimonies that is given under oath. Your lawyer may cross-examine the doctor and contest their conclusions. The jury will decide then if the plaintiff has proven the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice to show that it is more than likely that the doctor did not fulfill his or her duties as physician and that the mistakes led to injuries. The lawyer for the plaintiff must show this through evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical malpractice lawyer records from all parties who are involved in the lawsuit. This process also involves sworn statements that are recorded and used at trial.

A doctor has breached their professional duty when they did something that a reasonable and prudent doctor would not have done under the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. Patients may visit the hospital to have a hernia fixed, but instead end up having their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a certain timeframe, also known as the statute of limitations. This varies from state to state. The patient who was injured must show that the inadequate treatment resulted in injury, and after that they must prove what monetary compensation they're entitled to.

Damages

If a medical error has caused you to suffer a traumatic injury, you should be made whole. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your losses.

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties engage in discovery. This is where documents and statements are disclosed under oath. During discovery, medical malpractice attorneys records and doctor's notes are typically requested.

In most states, to get compensation for injuries caused by malpractice, you have to establish four elements including a duty of good faith that is 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 lawyer can prove all these elements in a medical negligence claim, you'll have a strong case.

In some cases the court can give punitive damages, which are intended to penalize the wrongdoer and deter others from committing the same offense. It is not common, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they may make these extraordinary awards.