How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps within her body after gall bladder surgery may make a claim for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Causes of Injury

A medical malpractice lawsuit can be filed by the injured patient or a person legally designated to represent them. This could be a spouse, adult child or parent, guardian or administrator of the estate of a deceased patient depending on the specific circumstances. The plaintiff in a medical malpractice suit is the health professional. This could be a nurse, doctor or therapist, or any other health professional.

Malpractice cases usually involve an abundance of expert testimony. Medical experts are required to testify on whether or not the health care provider adhered to the standards of treatment in their specific field. They must also testify to the harm resulting from the actions or inactions of a doctor.

The consequences of negligence and mistakes can be devastating. A misdiagnosis can have serious consequences, such as a life-threatening condition. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

In order to establish a malpractice case the patient must demonstrate four legal elements: a duty that the physician owed to them; a breach in the breach; a resulting injury; and damages. In some states, like New York, the law puts a limit on amount of money that can be awarded in an action for malpractice.

Causation

The injury element is called the causation. It is one of most crucial aspects in a medical malpractice claim. To prove causation the plaintiff must prove that they sustained their injury based on a balance of probabilities because of the negligence of the doctor. This can be a difficult job due to a variety of reasons.

For instance, many injuries that are the cause of a northwood medical malpractice lawsuit negligence lawsuit are the result of long-term or ongoing conditions that were present before treatment began. Often, the statute of limitations for a medical malpractice claim extends over a number of years and the injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's breached the standard of care which led to the injury can be difficult. The attorney could have collected evidence, such as medical records and expert testimony which the injured patient can utilize.

During the discovery process, which is a part of the legal procedure for preparing for trial, your lawyer will seek disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor who is defending the lawsuit is then required to testify in deposition, which is testimony under oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will then decide whether the plaintiff has proved the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice in court, that it is more likely that the doctor did not fulfill his or her obligations as medical professional and that these actions led to injury. The plaintiff's attorney must demonstrate this through evidence gathered during discovery. This involves seeking documents, such as medical records from all parties involved in a lawsuit. Depositions, in which statements are made under oath, and recorded to be used at trial, are also part of this process.

A doctor has violated their professional duty by doing something that a reasonable prudent physician would not have done under the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. A patient might go to the hospital to repair a hernia, however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, called the statute of limitations, which varies according to the state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then he Truth Or Consequences Medical Malpractice Law Firm she must prove the amount of financial compensation he or she deserves.

Damages

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

The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties then participate in discovery, in which documents and statements are made public under the oath. During discovery, medical records and notes from a doctor will usually be requested.

In most states, you have to demonstrate four elements in order to be compensated for injuries caused by medical malpractice: a duty owed by the healthcare provider; a breach of that obligation; a causal connection between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can prove all of these elements, then you've got an argument for financial recovery in a medical malpractice case.

In certain instances the court can make punitive damages a possibility that is intended to punish a wrongdoer, and discourage others from committing similar acts. This is rare however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they may make these extraordinary awards.