How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, remains in her body following gall bladder surgery can 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 causal connection between the breach of duty and the harm that is known as proximate causation.

Causes of Injury

A medical malpractice claim can be filed by the injured person or by a person legally appointed to act on their behalf. Depending on the circumstances it could be the spouse of the patient, an adult child or parent, a guardian ad litem or Vimeo.Com the administrator or executor of the estate of the patient who died. The defendant in a lawsuit for oskaloosa medical malpractice lawyer malpractice is the health care provider. This could be a doctor, nurse or therapist, or any other health care professional.

Malpractice cases usually require the testimony of experts. Medical experts must be able to prove whether or whether the healthcare provider adhered to the standards of treatment for their particular field. They must also testify regarding injuries caused by doctor's actions or inactions.

The consequences of negligence and malpractice can be severe. For instance, a misdiagnosis of a health problem could result in life-threatening consequences. Other types of injuries can be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the physician and a breach of this obligation; a harm caused by the breach and 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 the most important elements in a medical malpractice case. To prove causation, the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a challenging task for a number of reasons.

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

In these instances it is difficult to prove that a medical professional's violation of the standard of care which led to the injury is a challenge. However, the patient who was hurt may be able to use the evidence gathered by the attorney, such as medical records and expert testimony.

During the discovery process, which is part of the legal procedure getting ready for trial, your lawyer can request disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor defending the lawsuit will then be called to testify during depositions, which are testimony given under oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide then if the plaintiff has proven the essential elements of their claim, which includes breach of duty, causation, breach of duty and injury.

Negligence

The plaintiff must convince jurors, in a case of medical malpractice that it is more than likely that the doctor did not fulfill his or her duties as a doctor and that these mistakes led to injuries. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which includes seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath and recorded to be used at trial, are also a part of this procedure.

A doctor breached his or her professional obligations when he or she did something that a reasonable prudent physician would not do under the same circumstances. It must be proved that the breach resulted in injury directly to the patient. This is called causation or proxy causes. A patient might visit a hospital to have a hernia repaired, and instead, have their gall bladder removed. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, also known as the statute of limitations, which varies by state. The person who has suffered injury must prove that the substandard care caused injury, and then prove the amount of financial compensation he or she deserves.

Damages

If medical negligence has led you to sustain an injury, you are entitled to be compensated. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties engage in discovery. It is a process where documents and evidence are presented under an oath. During discovery, medical records and doctor's notes will typically be sought.

In most states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things including a duty of good faith that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury and damages caused by the injury. If your lawyer can prove all of these elements, then you've got an argument for financial recovery in a medical malpractice case.

In some cases the court can decide to award punitive damages that is designed to punish the wrongdoer and discourage others from committing similar acts. This is rare, however, in medical malpractice cases. The courts must have a clear evidence of malice before they are able to decide to award these extraordinary damages.