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How to File a Medical Malpractice Case

If a patient discovers that an object that is foreign, such as surgical clamps, remain inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice: duty, deviation from the norm and direct reason.

It is crucial for our clients to establish a direct connection between the breach of duty and the damage called proximate causation.

Cause of Injury

A medical malpractice case can be initiated by the patient who was injured or by a person legally appointed to represent them. This can be the spouse, adult child or parent, guardian or administrator of the estate of a deceased patient depending on the specific circumstances. The plaintiff in a suit for medical negligence is the health professional. This could be a nurse, doctor, therapist or any other health care professional.

Expert testimony is typically required in cases of malpractice. Medical experts are required to testify whether or whether the health professional adhered to the standards of care for their particular field. They must also testify to the damage caused by the doctor’s actions or inactions.

Accidents caused by negligence or mistakes can be catastrophic. A misdiagnosis can have serious consequences, such as life-threatening conditions. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice claim that include a duty owed to the patient by the physician and a breach of this duty; injury caused by the breach; and the consequential damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is among the most important aspects of a medical malpractice case. To prove causation, the plaintiff must prove that they sustained their injury on the basis of probabilities due to due to the negligence of the doctor. This can be a challenging task for several reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing ailments that were present prior to the time of treatment. The time period for filing a medical malpractice case could be extended over a period of time, and injuries can develop slowly.

In these cases it is often difficult to prove that one particular medical professional's breach of 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.

During the discovery process, which is a part of the legal process for preparing for trial, your lawyer will ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor defending the lawsuit is then required to testify in a deposition, which is testimony under oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will decide whether the plaintiff has proved all the elements of the case, medical malpractice including duty, breach and causation.

Negligence

If a claim for medical malpractice is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and that the breaches resulted in harm. The plaintiff's lawyer must demonstrate this using evidence collected during discovery. This involves the request of documents, including medical records, from all parties involved in the lawsuit. The process also involves swearing statements that are recorded and used at trial.

A doctor has violated his or her professional obligation when he or she did something that a reasonably prudent doctor would not do under the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proximate cause. For instance an individual goes to the hospital for a hernia operation and then has his or the gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice suits must be filed within a legal time frame, also known as the statute of limitations. This differs from state to state. The injured patient must establish that the substandard care caused injury, and then he or she must prove the amount of financial compensation he or her deserves.

Damages

You deserve to be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties are involved in discovery. This is which involves the disclosure of documents and statements made public under an oath. During discovery medical records and doctor's notes will usually be requested.

In the majority of states, you have to demonstrate four elements in order to be compensated for the injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these elements, then you've got an excellent case for financial recovery in a claim for medical malpractice.

In certain instances the court can decide to award punitive damages. These are intended to penalize the offender and deter others from engaging in similar misconduct. However, this is rare in medical malpractice cases since courts require clear evidence of malice to give these extraordinary awards.