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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 may file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.
Our clients must establish a direct link between the breach of duty and the injury. This is known as proximate cause.
Causes of Injury
A medical malpractice claim can be filed by the injured patient or a legal person to act on their behalf. This could be a spouse, adult child parent, guardian, or administrator of the estate of a deceased person depending on the specific circumstances. In a case of medical malpractice, the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.
Malpractice cases usually require an abundance of expert testimony. Medical experts must testify as to whether the medical professional was acting in accordance with the standards of medical care within their special area of expertise. They must also testify as to the damage caused by the actions or inactions of the doctor.
The consequences of malpractice and negligence can be extremely serious. For example, a misdiagnosis of a health condition can result in life-threatening consequences. Other types of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.
The patient must prove four legal elements in a malpractice claim that include a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach; and resulting damages. In some states, like New York, the law sets a limit on the amount of money that could be awarded in an injury resulting from a malpractice claim.
Causation
The injury element is called the causation. It is one of most important elements in a medical malpractice claim. To prove causation, the plaintiff must demonstrate that they suffered their injury on the balance of probabilities because of the negligence of a physician. This can be a challenging task for a number of reasons.
For instance, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing ailments that were present before treatment began. The time period for filing medical malpractice cases can be extended over several years and injuries can develop slowly.
In these cases it can be difficult to prove that one particular medical professional's breach of the standard of care caused the injury. However, the person who was harmed could be able to make use of the evidence collected by the attorney, including medical records and expert testimony.
In the discovery process which is an element of the legal process prepping for a trial your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be required to testify in a deposition. This is a testimony that's given under an oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide whether the plaintiff has established the facts of the case, including duty, breach and causation.
Negligence
The plaintiff must convince the jury when bringing a lawsuit for medical malpractice that it is more likely that the doctor did not fulfill the obligations of a doctor and that these breaches resulted in injury. The plaintiff's lawyer must demonstrate this through evidence obtained during discovery. This includes seeking documents, such as medical records as well as other documents from all parties in the lawsuit. This also includes sworn declarations that are recorded and used at trial.
A doctor has violated their professional obligation if they did something a reasonable prudent physician would not have done in similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is called causation or causal proximate causes. A patient could go to the hospital in order to have a hernia repaired, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.
Medical malpractice lawsuits must be brought within a legally-defined time frame, known as the statute of limitations which varies according to the state. The patient who is injured must prove that the substandard care resulted in injury, and then demonstrate the amount of compensation he or her deserves.
Damages
If medical negligence caused you to suffer injury, you should be compensated. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your loss.
The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then begin discovery, a process by which documents and statements are revealed under an oath. During discovery medical records and notes from a doctor are usually requested.
In the majority of states, to receive compensation for injuries sustained through malpractice, you need to establish four elements: a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages that result from the injury. If your lawyer can prove all of these elements, you can make a a strong case for financial compensation in a medical negligence claim.
In some cases courts may make punitive damages available, which are intended to penalize the offender and deter others from engaging in similar conduct. However, this is not the norm in medical malpractice cases as courts require clear evidence of malice to award these extraordinary awards.
A patient who discovers an object that is foreign like surgical clamps, remains inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.
Our clients must establish a direct link between the breach of duty and the injury. This is known as proximate cause.
Causes of Injury
A medical malpractice claim can be filed by the injured patient or a legal person to act on their behalf. This could be a spouse, adult child parent, guardian, or administrator of the estate of a deceased person depending on the specific circumstances. In a case of medical malpractice, the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.
Malpractice cases usually require an abundance of expert testimony. Medical experts must testify as to whether the medical professional was acting in accordance with the standards of medical care within their special area of expertise. They must also testify as to the damage caused by the actions or inactions of the doctor.
The consequences of malpractice and negligence can be extremely serious. For example, a misdiagnosis of a health condition can result in life-threatening consequences. Other types of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.
The patient must prove four legal elements in a malpractice claim that include a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach; and resulting damages. In some states, like New York, the law sets a limit on the amount of money that could be awarded in an injury resulting from a malpractice claim.
Causation
The injury element is called the causation. It is one of most important elements in a medical malpractice claim. To prove causation, the plaintiff must demonstrate that they suffered their injury on the balance of probabilities because of the negligence of a physician. This can be a challenging task for a number of reasons.
For instance, many injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing ailments that were present before treatment began. The time period for filing medical malpractice cases can be extended over several years and injuries can develop slowly.
In these cases it can be difficult to prove that one particular medical professional's breach of the standard of care caused the injury. However, the person who was harmed could be able to make use of the evidence collected by the attorney, including medical records and expert testimony.
In the discovery process which is an element of the legal process prepping for a trial your attorney can request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be required to testify in a deposition. This is a testimony that's given under an oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide whether the plaintiff has established the facts of the case, including duty, breach and causation.
Negligence
The plaintiff must convince the jury when bringing a lawsuit for medical malpractice that it is more likely that the doctor did not fulfill the obligations of a doctor and that these breaches resulted in injury. The plaintiff's lawyer must demonstrate this through evidence obtained during discovery. This includes seeking documents, such as medical records as well as other documents from all parties in the lawsuit. This also includes sworn declarations that are recorded and used at trial.
A doctor has violated their professional obligation if they did something a reasonable prudent physician would not have done in similar circumstances. However it must be proved that the breach directly caused the injury to the patient. This is called causation or causal proximate causes. A patient could go to the hospital in order to have a hernia repaired, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.
Medical malpractice lawsuits must be brought within a legally-defined time frame, known as the statute of limitations which varies according to the state. The patient who is injured must prove that the substandard care resulted in injury, and then demonstrate the amount of compensation he or her deserves.
Damages
If medical negligence caused you to suffer injury, you should be compensated. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your loss.
The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then begin discovery, a process by which documents and statements are revealed under an oath. During discovery medical records and notes from a doctor are usually requested.
In the majority of states, to receive compensation for injuries sustained through malpractice, you need to establish four elements: a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages that result from the injury. If your lawyer can prove all of these elements, you can make a a strong case for financial compensation in a medical negligence claim.
In some cases courts may make punitive damages available, which are intended to penalize the offender and deter others from engaging in similar conduct. However, this is not the norm in medical malpractice cases as courts require clear evidence of malice to award these extraordinary awards.
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