How to File a Medical Malpractice Case

If a patient discovers that an object that is foreign, such as surgical clamps, remains inside her body following gall bladder surgery can pursue a medical malpractice suit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from the norm and direct cause.

It is vital for our clients to establish a direct relationship between the breach of duty and the damage called proximate causation.

Causes of Injury

A medical malpractice lawsuit can be filed either by the person who was injured or an attorney. This can be the spouse, adult child guardian, parent or administrator of a deceased patient's estate depending on the specific circumstances. The plaintiff in a medical malpractice suit is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts are required to testify on whether or not the health care provider followed the standard of care for their particular area of expertise. They must also testify as to the harm that was caused by the doctor's actions or inactions.

Accidents caused by negligence or negligence can be very serious. A misdiagnosis can have serious consequences, such as the possibility of a life-threatening illness. Other types of injuries can include operating on the incorrect body part or putting surgical instruments in the patient.

To establish a malpractice case, the patient must prove four legal elements: a duty the doctor owed to them; a breach of the breach; a resulting injury; and damages. In certain states, such as new hempstead medical malpractice law firm York the law limits the amount of money awarded in a case of malpractice.

Causation

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

For instance, many injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were present before treatment began. Often the statute of limitation for a claim involving medical malpractice is extended over a period of years and the injuries may develop slowly.

In these cases the proof that a medical professional's breached the standard of care led to the injury is not easy. The attorney may have gathered evidence, such as medical records and expert testimony which the injured patient could use.

During the discovery process, which is a part of the legal process for preparation for trial, your lawyer will request the disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor who is defending the lawsuit will be asked to give evidence during a deposition, which is the testimony under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven that the allegations of the case are true, including duty, breach and causation.

Negligence

If a Elkins medical malpractice lawsuit malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and that those breached duties caused injury. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath and recorded to be used at trial, are also a part of this procedure.

A doctor has breached their professional obligation by doing something that a reasonable and prudent doctor would not have done in similar circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia procedure and then has his or her 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 that varies from state to state. The person who suffered the injury must demonstrate that the treatment was substandard and caused injury, and they must prove what monetary compensation they are entitled to.

Damages

If medical negligence has led you to suffer a traumatic injury, you have the right to 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 as well as summons and other documents on all defendants. The parties participate in discovery. This is a process in which documents and declarations are presented under oath. During discovery medical records and notes from a doctor are usually requested.

In most states, in order to get compensation for injuries caused by malpractice, you need to prove four things that include a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your lawyer can prove all of these elements, you can make a a strong case for financial compensation in a medical malpractice case.

In certain cases, a court may make punitive damages available, which are designed to punish the offender and deter others from committing the same offense. It is not common, however, in medical malpractice cases. The courts must have clear evidence of malice before they may make these extraordinary awards.