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How to File a Medical Malpractice Case

A patient who discovers an object that is foreign like surgical clamps, remains inside her body after gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from this duty and the direct cause.

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

Cause of Injury

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

Expert testimony is typically required in cases of malpractice. Medical experts must testify as to whether the doctor was acting in accordance with the standards of care in his or her specific area of expertise. They must also testify regarding injuries caused by doctor's actions or inactions.

The injuries that result from malpractice and negligence can be extremely serious. A misdiagnosis can have serious consequences, including an illness that could be life-threatening. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

In order to prove a malpractice case the patient must demonstrate four legal elements: a duty that the doctor owed to them; a breach of this duty; a resultant injury and damages. In certain states, like New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The injury element, also known as causation is one of the most important elements of a medical malpractice case. To establish causation the plaintiff must prove that their injury was the result of the doctor's negligence. This is a challenging job due to various reasons.

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit arise from long-term or ongoing ailments that were present prior to treatment. The statute of limitations on medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these situations it is often difficult to prove that one particular medical professional's breach of standards of care caused the injury. The attorney may have gathered evidence, like medical records and expert testimony which the injured patient could use.

During the process of discovery that is part of the legal procedure for prepping for a trial your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor defending the lawsuit will then be asked to give evidence during a deposition, which is the testimony under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice in court, that it is more likely that the doctor violated his or her responsibilities as medical professional and that these breaches resulted in injury. The lawyer for the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath and recorded to be used at trial, are also part of this process.

A doctor has breached their professional obligation by doing something that a reasonable and prudent doctor would not have done in the same circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. A patient may go to the hospital in order to repair a hernia, but end up having their gall bladder removed. This is medical negligence as the procedure was not beneficial to the patient.

medical malpractice lawsuits (please click the next internet page) must be brought within a legally-defined time frame, known as the statute of limitations which is different for each state. The patient who was injured must prove that the negligent treatment caused injury, and then they must prove what monetary compensation they are entitled to.

Damages

You are entitled to compensation for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties then participate in discovery, in which documents and statements are revealed under an oath. During discovery medical records and doctor's notes are typically requested.

In many states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things: a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resulting from the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you will have a convincing case.

In certain instances, courts can give punitive damages, which are intended to penalize the wrongdoer and deter others from committing the same offense. This isn't often however, particularly in medical malpractice cases. The courts must be able to prove evidence of malice before they can decide to award these extraordinary damages.