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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her like surgical clamps, remains in her body after gall bladder surgery could file a medical malpractice lawsuit. 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 proximate cause.

Cause of Injury

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

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify on whether or whether the health professional adhered to the standards of treatment for their specific area. They must also testify regarding the injury that was caused by the physician's actions or inactions.

Injury caused by negligence and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

To prove a malpractice claim the patient must prove four legal elements: a duty that the doctor owed them; a breach in the breach; a resulting 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 referred to as causation is one of the most important elements in medical malpractice cases. To establish causation, the plaintiff must demonstrate that they suffered their injury based on a balance of probabilities because of the negligence of the doctor. This can be a difficult task due to several reasons.

A lot of the injuries that form the basis for a medical negligence suit result from chronic illnesses that existed before treatment began. The statute of limitations on a medical malpractice case can be extended for a number of years and injuries can develop slowly.

In these cases, it is difficult to prove that one particular medical professional's violation of the standard of care caused the injury. The attorney could have gathered evidence, including medical records and expert testimony that the injured person can use.

During the discovery process, which is part of the legal procedure for preparing for trial, your lawyer will seek disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is representing the case will be asked to testify in a deposition. This is a declaration that is given under the oath. Your lawyer may cross-examine the doctor and contest their conclusions. The jury will decide whether the plaintiff has proved the elements of the case, including duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the doctor violated professional duties and that the breaches resulted in harm. The plaintiff's lawyer must demonstrate this using evidence gathered during pretrial discovery. This involves soliciting documents, including medical records, from all parties involved in a lawsuit. Depositions, in which the statements are made under oath, and recorded for use at trial, are also a part of this process.

A doctor has breached their professional obligation in the event that they did something a reasonable and prudent doctor would not have done in similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is known as causation or causal proximate causes. For example the patient is admitted to the hospital for a hernia procedure and is later told that he or the gall bladder removed instead. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice suits must be filed within the legal time frame, also known as the statute of limitations. This varies from state to state. The patient who is injured must prove that the substandard care caused injury, and then show how much compensation they are entitled to.

Damages

You should be compensated for any injuries you've suffered as a result of medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then engage in discovery. This is a procedure where documents and evidence are presented under an oath. Medical records and the doctor's notes are typically requested during discovery.

In most states, to receive compensation for injuries sustained by malpractice, you need to establish four elements 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 establish all of these elements, then you've got an extremely strong case for financial recovery in a medical negligence claim.

In certain cases the court can make punitive damages a possibility that is intended to penalize a wrongdoer and deter others from engaging in similar crimes. This is rare however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they may decide to award these extraordinary damages.