How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, such as surgical clamps, remains in her body after gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct causes, and injury.

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

The reason for injury

A medical malpractice claim can be filed by the person who has been injured or by a person legally appointed to represent them. Based on the specific circumstances, this could be a spouse of the patient or an adult child parent, guardian ad-litem or executor or administrator of the estate of the deceased patient. The defendant in a medical malpractice suit is the health care provider. This could be a licensed doctor, nurse or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts are required to determine if the doctor performed his duties in accordance with the standard of care in their particular field of expertise. They must also testify to the harm resulting from the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be quite severe. For instance, a wrong diagnosis of a medical condition could cause life-threatening complications. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

In order to prove a malpractice case the patient must prove four legal elements: a duty the doctor 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 the malpractice claim.

Causation

The injury element is known as the causation. It is one of most crucial elements 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 of the injuries that form the basis of a medical negligence suit result from chronic conditions that existed prior to when treatment started. The statute of limitations on a medical malpractice case could be extended over several years and the development of injuries can happen slowly.

In these cases, it is difficult to prove that one particular medical professional's violation of the standard of care led to the injury. The attorney may have collected evidence, including medical records and expert testimony which the injured patient can use.

In the discovery process that is part of the legal procedure for preparation for a trial, your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be required to appear in deposition. This is a declaration that is made under an oath. Your lawyer can cross-examine the doctor and contest their findings. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

If a claim for medical malpractice is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breached duties caused injury. The plaintiff's attorney must prove this by using evidence gathered during discovery. This involves seeking documents, such as naples medical malpractice lawsuit records as well as other documents from all parties in a lawsuit. Depositions, in which the statements are made under oath and recorded to be used at trial, are also a part of this process.

A doctor has breached their professional duty in the event that they did something reasonable and prudent doctors would not have done under the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is referred to as causation, or proximate causes. For instance when a patient is taken to the hospital for a hernia procedure and is then able to have his or his gall bladder removed instead. This is medical negligence since the procedure was not beneficial to the patient.

schuyler medical malpractice lawsuit malpractice lawsuits must be filed within a specific legal timeframe, also known as the statute of limitations. This varies from state to state. The injured patient must establish that the negligence caused injury, and then he or she must prove the amount of financial compensation they are entitled to.

Damages

If a medical error has caused you to suffer an injury, you should be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then engage in discovery, in which documents and declarations are made public under an oath. Medical records and doctor's notes are typically requested during discovery.

In the majority of states, you have to prove four things in order to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider in breach of that duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result from the injury. If your attorney can establish all of these elements, you can make a an extremely strong case for financial compensation in a medical malpractice claim.

In certain cases the court can make punitive damages available, which are intended to penalize the wrongdoer and deter others from engaging in the same conduct. It is not common however, in benton medical malpractice lawyer malpractice cases. The courts must be able to prove evidence of malice before they are able to make these extraordinary awards.