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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, remain inside her body after gall bladder surgery may file a medical malpractice lawsuit (click here for info). A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

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

Causes of Injury

A medical malpractice case can be filed by the person who has been injured or a legal person to represent them. Based on the specific circumstances, this may be the spouse of the patient or an adult child, parent, guardian ad-litem or administrator or executor of the estate of the patient who died. The plaintiff in a suit for medical negligence is the health professional. It could be an accredited nurse, doctor or therapist.

The majority of cases involving malpractice involve the testimony of experts. Medical experts must be able to prove whether or not the health care provider was in compliance with the standard of care for their specific area. They also have to testify about the injury caused by the physician's actions or inactions.

The consequences of negligence and mistakes can be devastating. A mistake in diagnosis can have devastating consequences, like life-threatening conditions. Other kinds of injuries include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim: a duty owed to the patient by the doctor and a breach of that duty; an injury caused by the breach; and resulting damages. In certain states, like New York, the law puts a limit on amount that can be awarded for an action for malpractice.

Causation

The element of injury is known as the causation. It is among the most important aspects of a medical malpractice claim. To establish causation, the plaintiff must prove that they sustained their injury on a balance of probabilities as a result of the negligence of the doctor. This can be a difficult job due to a variety of reasons.

For example, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. Often, the statute of limitations for a claim involving medical malpractice extends over a number of years, and injuries may develop slowly.

In these cases it can be difficult to prove that a certain medical professional's breach of the standard of care led to the injury. The attorney could have collected evidence, like medical records and expert testimony which the injured patient could use.

In the discovery process, which is a part of the legal process for the preparation of a trial your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will then be asked to give evidence during depositions, which are testimony given under oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will then decide whether the plaintiff has proved the essential elements of their case including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice to show that it is more likely that the physician violated his or her obligations as physician and that the mistakes led to injuries. The plaintiff's lawyer must be able to prove this by utilizing evidence collected 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 part of this process.

A doctor has violated their professional duty when they did something that a reasonable and prudent doctor would not have done in the same circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. Patients may visit the hospital to repair a hernia, and instead, have their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice suits 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 caused injury, and they have to prove the amount of compensation they're entitled to.

Damages

If medical negligence has led you to sustain an injury, you have the right to be compensated. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties then engage in discovery, a process by which documents and declarations are made public under the oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, you have to demonstrate four elements in order to be compensated for injuries incurred by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, you have an excellent case for financial compensation in a medical malpractice claim.

In certain cases the court can decide to award punitive damages that is intended to penalize a wrongdoer and deter others from engaging in similar conduct. However, this is rare in medical malpractice cases as the courts require extremely evident proof of malice in order to give these extraordinary awards.