How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, remains inside her body following gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from the norm and direct cause.

It is essential for our clients to establish a direct relationship between the breach of duty and the damage which is referred to as proximate cause.

Cause of Injury

A river edge medical malpractice attorney malpractice lawsuit can be filed by the injured patient or by a person legally appointed to represent them. This can be the spouse, adult child parent, guardian, or administrator of the estate of a deceased patient, depending on the circumstances. In a medical negligence 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 are required to testify on whether or whether the healthcare provider was in compliance with the standard of care for their particular field. They must also testify regarding the harm caused by the doctor's actions or inactions.

Injuries caused by negligence and negligence can be very serious. For instance, a misdiagnosis of a health problem could have life-threatening consequences. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

In order to prove a malpractice case the patient must demonstrate four legal elements: a duty that the doctor owed to them; a breach in the breach; a resulting injury and damages. In some states, such as New York, the law sets a limit on the amount of money that could be awarded in a malpractice claim.

Causation

The injury element, also known as causation, is one the most important elements of medical malpractice cases. To prove causation the plaintiff must demonstrate that they sustained their injury based on a balance of probabilities due to of the negligence of the doctor. This can be a difficult task due to a variety of reasons.

Many of the injuries that are the basis of a medical negligence lawsuit result from long-term conditions or ongoing conditions which were present before treatment started. The time period for filing a medical malpractice case could be extended for a number of years and the development of injuries can happen slowly.

In these instances it is difficult to prove that a Fort Worth Medical Malpractice Attorney (Vimeo.Com) professional's violation of the standard of care led to the injury is a challenge. The attorney may have gathered evidence, like medical records and expert testimony that the patient who was injured could use.

During the process of discovery, which is a part of the legal process preparation for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit will then be called to testify during deposition, which is the testimony under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the essential elements of their case, including obligation, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and those breaches caused harm. The plaintiff's lawyer has to demonstrate this with evidence gathered through pretrial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. The process also involves sworn declarations that are recorded and used in trial.

A doctor has violated their professional obligation in the event that they did something a reasonable prudent physician would not have done in similar circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation, or causal proximate causes. For example, a patient goes to the hospital for a hernia surgery and is then able to have his or his gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally prescribed time frame, known as the statute of limitations which is different for each state. The patient who was injured must show that the inadequate treatment caused injury, and then they have to prove the amount of compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

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 proceed to discovery, a process by which documents and statements are disclosed under the oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, to receive compensation for injuries caused by malpractice, you have to establish four elements such as a duty of care that is due to the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages resultant from the injury. If your attorney can prove all these elements in a medical negligence claim, you'll have a convincing case.

In certain instances, courts can give punitive damages, which are intended to punish the culprit and deter others from committing the same offense. However, this is not the norm in medical malpractice cases, as the courts require extremely evident proof of malice in order to make these extraordinary awards.