How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body like surgical clamps, remains inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviation from this duty and direct cause.

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

Causes of Injury

A medical malpractice claim may be filed by the victim or a legal representative. This could be a spouse or adult child parent, guardian, or administrator of the estate of a deceased person depending on the specific circumstances. In a medical malpractice case the defendant is the health care provider. This could be a nurse, doctor, therapist or any other health professional.

The majority of cases involving malpractice involve a lot of expert testimony. Medical experts are required to provide evidence to prove that the medical professional did what was required of care in their special area of expertise. They also need to testify on the injury caused by the physician's actions or inactions.

Injuries that result from malpractice or negligence can be extremely serious. For example, a mistake in the diagnosis of a health condition can have life-threatening consequences. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice claim: a duty owed to the patient by the doctor and a breach of this obligation; a harm caused by the breach and the consequential damages. In some states, such as New York, the law puts a limit on amount of money that could be awarded for a malpractice claim.

Causation

The injury element, also known as causation, is one of the most important aspects of a medical malpractice case. To prove causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This is a difficult job due to a variety of reasons.

For instance, many injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing conditions that were already present prior to the time of treatment. The statute of limitations on a medical malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these cases it is often difficult to prove that a particular wood dale medical malpractice lawyer professional's breach of standard of care caused the injury. However, the aggrieved patient could be able to use evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is an integral part of the legal procedure 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 case will be required to give a deposition. This is a testimony that is given under the oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has proved the facts of the case including breach of duty and causation.

Negligence

When a medical malpractice claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and that the breaches resulted in harm. The attorney representing the plaintiff must demonstrate this through evidence collected during discovery. This includes soliciting documents, including 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 part of this procedure.

A doctor has breached their professional duty in the event that they did something reasonable and prudent doctors would not have done in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proximate cause. A patient might go to the hospital to have a hernia repaired, and instead, have their gall bladder removed. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal time limit, known as the statute of limitations. This differs from state to state. The patient who was injured must prove that the negligent treatment caused injury, then they must establish what compensation they're entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties then begin discovery, a procedure in which documents and statements are disclosed under an oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, you must prove four things to be compensated for injuries caused by Hazel Park Medical Malpractice Attorney (Vimeo.Com) malpractice: a duty owed by the healthcare provider in breach of that duty; a causal link between the breach and the injury suffered by the patient and the damages that result from the injury. If your lawyer can demonstrate all of these elements in a medical malpractice claim, you'll have an enviable case.

In certain instances courts may award punitive damages, which are intended to punish the perpetrator and discourage others from engaging in similar misconduct. This is rare however, particularly in cuero medical malpractice lawsuit malpractice cases. The courts must have very clear evidence of malice before they are able to decide to award these extraordinary damages.