How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps in her body after gall bladder surgery could make a claim for medical malpractice. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

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

The reason for injury

A medical malpractice lawsuit can be filed by the victim or an attorney. Based on the specific circumstances, this may be the spouse of the patient, an adult child or parent, guardian ad litem or the executor or administrator of the estate of the deceased patient. In a case involving greenwood medical malpractice lawsuit malpractice the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts are required to testify whether or whether the health professional adhered to the standards of care in their specific field. They must also testify regarding the harm caused by the doctor's actions or actions or.

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

The patient must establish four legal elements of a malpractice lawsuit the duty owed to the patient by the doctor or a breach of the duty; an injury caused by the breach and resulting damages. In certain states, like New York the law limits the amount of money awarded in a malpractice case.

Causation

The element of injury is called the causation. It is one of most crucial aspects in a medical malpractice claim. To prove causation, a plaintiff must prove that they suffered their injury on a balance of probabilities due to of the physician's negligence. This is a difficult task due to a variety reasons.

A lot of the injuries that form the basis for medical negligence lawsuits result from long-term conditions or ongoing conditions which were present before treatment started. Often the statute of limitation for a westbury Medical malpractice lawsuit malpractice claim extends over a variety of years, and injuries can develop gradually.

In these cases it can be difficult to prove that a certain medical professional's breach of the standards of care caused the injury. The attorney could have gathered evidence, like expert testimony and medical records, that the injured patient may use.

During the process of discovery that is part of the legal process for preparing for a trial, your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will then be called to testify during deposition, which is the testimony under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has proven the necessary elements of their case, including obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice in court, that it is more than likely that the doctor did not fulfill the obligations of physician and that the mistakes led to injuries. The plaintiff's lawyer has to show this through evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for use in trial, are also a part of this process.

A doctor has breached their professional duty by doing something that a reasonable and prudent doctor would not have done in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. For example when a patient is taken to the hospital for a hernia surgery and then has his or his gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, called the statute of limitations which is different for each state. The injured patient must establish that the substandard care caused injury, and then show how much compensation he or she deserves.

Damages

You deserve to be compensated for any injuries that you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your loss.

The first step is to file and serve a summons and complaint to all defendants named in the lawsuit. The parties participate in discovery. This is in which documents and declarations are made public under the oath. During discovery medical records and doctor's notes will usually be requested.

In many states, to receive compensation for injuries caused by negligence, you must to prove four things that include a duty of care that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages that result from the injury. If your attorney can prove all these elements of a medical negligence claim, you'll have an impressive case.

In some instances the court could decide to award punitive damages which is intended to penalize a wrongdoer and discourage others from committing similar crimes. This is rare, however, in morris medical malpractice law firm malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to make these extraordinary awards.