How to File a Medical Malpractice Case

A patient who discovers that a foreign object, such as surgical clamps, remains inside her body after gall bladder surgery could pursue a medical malpractice suit. A successful claim must demonstrate the elements of Marshalltown medical Malpractice attorney malpractice: duty, deviation from the duty, and direct reason.

Our clients must establish a direct link between the breach of duty, and the injury. This is known as the proximate cause.

The reason for injury

A medical malpractice claim can be filed by the injured person or an attorney. Based on the specific circumstances, this may be the spouse of the patient or an adult child, parent, a guardian ad-litem or executor or administrator of the estate of the patient who died. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health care professional.

Malpractice cases usually involve a lot of expert testimony. leesburg medical malpractice lawyer experts must testify as to whether the health care provider acted within the standard of medical care within their specific field of expertise. They also have to testify about the harm caused by the physician's actions or inactions.

Injuries that result from malpractice or negligence can be very severe. A misdiagnosis could have grave consequences, including the possibility of a life-threatening illness. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to establish a malpractice claim the patient must demonstrate four legal elements: a duty the doctor owed to them; a breach of this duty, resulting injury and damages. In certain states, such as new lexington medical malpractice attorney York, the law puts a limit on amount that can be awarded in a malpractice claim.

Causation

The injury element is also known as the causation. It is one of the most important aspects in a medical malpractice claim. To establish causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a difficult task for several reasons.

Many of the injuries that form the basis for a medical negligence lawsuit stem from long-term or ongoing issues that existed before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends out over a number of years, and injuries may develop slowly.

In these cases, it is difficult to prove that a specific medical professional's failure to adhere to the standard of care led to the injury. However, the aggrieved patient could be able to make use of evidence collected by the attorney, including medical documents and expert testimony.

During the discovery procedure that is part of the legal process preparing for a trial, your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be asked to appear in deposition. This is a testimonies that's given under oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has substantiated all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice, that it is likely that the doctor violated his or her obligations as a doctor and that these actions led to injury. The plaintiff's lawyer must be able to prove this by utilizing evidence gathered during pretrial discovery. This involves seeking documents, such as medical records as well as other documents from all parties in the lawsuit. Depositions, where statements are made under oath and recorded for use at trial, are also part of this process.

A doctor was in breach of his or her professional obligation if he or she did something that a prudent doctor would not do under similar circumstances. However it must be established that the breach directly caused the injury to the patient. This is known as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia operation and is later told that he or his gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a certain time limit, known as the statute of limitations. This is different from state to state. The injured patient has to prove that the substandard treatment caused injury, then they must prove what monetary compensation they are entitled to.

Damages

If medical negligence caused you to sustain an injury, you have the right to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then engage in discovery. It is a process which involves the disclosure of documents and statements disclosed under oath. Medical records and the notes of a doctor are typically requested during discovery.

In most states, to be eligible for compensation for injuries incurred through malpractice, you need to prove four things: a duty of care that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury and damages caused by the injury. If your lawyer can prove all of these elements of a medical negligence claim, you'll have an enviable case.

In certain instances the court might award punitive damage that is designed to punish a wrongdoer, and deter others from engaging in similar crimes. This is not the norm however, in medical malpractice cases. The courts must have clear evidence of malice before they may award these extraordinary damages.