How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, remains inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

It is important for our clients to establish a direct causal connection between the breach of duty and the injury, known as proximate causation.

Causes of Injury

A medical malpractice case can be filed by the injured person or a legal person to act on their behalf. This could be the spouse or adult child guardian, parent or administrator of a deceased patient's estate depending on the specific circumstances. In a medical malpractice case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health care professional.

Expert testimony is usually required in cases of malpractice. port hueneme medical malpractice lawsuit experts are required to provide evidence to prove that the health care provider acted within the standard of medical care within their specific field of expertise. They also have to testify to the harm resulting from the doctor's actions or inactions.

Accidents caused by negligence or mistakes can be devastating. For instance, a wrong diagnosis of a health condition can result in life-threatening consequences. Other kinds of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice claim that include a duty owed to the patient by the physician and a breach of this obligation; an injury resulting by the breach; and the resulting damages. In certain states, like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also referred to as causation is one of the most important aspects of medical malpractice cases. To establish causation the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a difficult job due to various reasons.

Many injuries that are the basis for a medical negligence suit result from chronic issues that existed before treatment started. The time-limit for a medical malpractice case could be extended over a period of time and injuries may develop slowly.

In these instances the proof that a medical professional's violation of the standard of care and led to the injury is not easy. However, the person who was harmed could be able to use the evidence gathered by the attorney, like medical records and expert testimony.

During the discovery process, which is part of the legal procedure for prepping for trial, your lawyer can ask for the disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor who is defending the lawsuit is then called to testify during a deposition, which is testimony that is under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the essential elements of their case, including the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice, that it is likely that the doctor did not fulfill his or her duties as a doctor and that these mistakes led to injuries. The plaintiff's lawyer must prove this by using evidence gathered during discovery. This involves soliciting documents, including medical records and other records from all parties in a lawsuit. The process also involves swearing statements that are recorded and used in trial.

A doctor breached the professional duties of a doctor in the event that he or her did something that a reasonable prudent doctor would not do under similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. A patient may go to the hospital in order to repair a hernia, and instead, have their gall bladder removed. 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 period, referred to as the statute of limitations. This varies from state to state. The injured patient has to prove that the substandard treatment caused injury, and then they must establish what compensation they deserve.

Damages

If bradford medical malpractice lawsuit negligence has caused you to suffer an injury, you are entitled to be compensated. Scaffidi & Associates can help you receive a fair and complete 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 engage in discovery, in which documents and statements are revealed under the oath. danville Medical malpractice law firm records and the notes of the doctor are usually requested during discovery.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your attorney can prove all these elements in a medical negligence claim, you'll have a convincing case.

In some instances, courts can award punitive damages, which are intended to punish the wrongdoer and deter others from engaging in similar conduct. This isn't often, however, in medical malpractice cases. The courts must have very clear evidence of malice before they can make these extraordinary awards.