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How to File a Medical Malpractice Case

If a patient discovers that a foreign object like surgical clamps, remains in her body after gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical negligence: duty, deviation from this duty and the direct reason.

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

Cause of Injury

A medical malpractice case can be initiated by the patient who was injured or a legal person to represent them. Depending on the circumstances, it could be the spouse of the patient or an adult child parent, guardian ad litem, or Medical malpractice law firm the executor or administrator of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to provide evidence to prove that the doctor performed his duties in accordance with the standard of care in his or her specific field of expertise. They also have to testify to the harm caused by the doctor’s actions or inactions.

Injuries that result from malpractice or negligence can be very severe. A misdiagnosis could have grave consequences, such as an illness that could be life-threatening. Other types of injuries can include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice claim that include a duty owed to the patient by the doctor and a breach of this duty; injury caused by the breach; and the resulting damages. In some states, like New York, the law places a limit on the amount of money that can be awarded in an injury resulting from a malpractice claim.

Causation

The injury element is also called the causation. It is one of most crucial aspects of a medical malpractice claim. To prove causation, a plaintiff must demonstrate that they suffered an injury on a balance of probabilities because of the negligence of the doctor. This can be a challenging task due to a variety of reasons.

Many injuries that are the basis for a medical negligence lawsuit stem from long-term illnesses or issues that existed before treatment began. The time limit for a medical Malpractice Law firm malpractice case could be extended over several years and the development of injuries can happen slowly.

In these cases it is necessary to prove that a medical professional's violation of the standard of care led to the injury is difficult. However, the patient who is afflicted could be able to use evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is part of the legal process for medical malpractice law firm preparing for trial, your lawyer may request disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor who is defending the case will be required to appear in deposition. This is a statement that's given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice in court, that it is likely that the doctor did not fulfill his or her obligations as medical professional and that these actions led to injury. The plaintiff's lawyer must demonstrate this by presenting evidence through pretrial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, in which statements are made under oath, and recorded for trial, are also a part of this procedure.

A doctor was in breach of his or her professional obligations in the event that he or her did something that a reasonably prudent doctor would not do in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. Patients may go to the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally-defined time frame, known as the statute of limitations, which varies according to the state. The injured patient must establish that the negligent care resulted in injury, and then demonstrate the amount of compensation he or she is entitled to.

Damages

If medical negligence has led you to suffer an injury, you have the right to be compensated. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then engage in discovery, a procedure in which documents and statements are made public under the oath. During discovery, medical records and doctor's notes will usually be requested.

In the majority of states, you need to prove four things to be compensated for injuries caused by medical malpractice such as a duty due to the healthcare provider; a breach of that obligation; a causal connection between the breach and the injury suffered by the patient and the 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 instances courts may make punitive damages available, which are intended to penalize the offender and deter others from committing the same offense. But, this isn't often the case in medical malpractice cases as the courts require extremely specific proof of malice to make these extraordinary awards.