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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her like surgical clamps, is still inside her body following gall bladder surgery may bring a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical malpractice lawyer malpractice: duty, deviation from the norm and direct cause.

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

The reason for injury

A medical malpractice lawsuit can be filed by the person who suffered the injury or an attorney. It could be the spouse, adult child or parent, guardian or administrator of the estate of a deceased person depending on the specific circumstances. In a medical malpractice case the defendant is the health care provider. It could be a licensed nurse, doctor or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts must be able to prove whether or not the health care provider adhered to the standards of treatment for their specific area. They must also testify as to the damage caused by the actions or inactions of a doctor.

Injuries caused by negligence and negligence can be very serious. A misdiagnosis can have serious consequences, such as life-threatening conditions. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice case the duty owed to the patient by the physician or a breach of the duty; injury caused by the breach; and the consequential damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element is called the causation. It is one of the most crucial elements in a medical malpractice claim. To prove causation, a plaintiff must prove that they suffered an injury on the balance of probabilities due to of the physician's negligence. This can be a difficult task for several reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were already present prior to treatment. Often the statute of limitations for a claim involving medical malpractice extends out over a number of years, and the injuries can develop gradually.

In these instances the proof that a medical professional's violation of the standard of care led to the injury is a challenge. However, the patient who was hurt might be able use evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is a component of the legal process for getting ready for trial, your lawyer will seek disclosure of expert testimony and other documents from defense attorneys of the defendants. The doctor who is representing the case will be required to testify in deposition. This is a declaration which is under an oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will then decide if the plaintiff has proven the necessary elements of their claim, which includes duty, breach, causation and injury.

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 committed a breach of professional obligations and that those breaches resulted in harm. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. The process also involves swearing statements that are recorded and used in trial.

A doctor has breached their professional obligation in the event that they did something an ordinary prudent doctor would not have done in similar circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is known as causation or proxy causes. For example, a patient goes to the hospital for a hernia procedure and is then able to have his or the gall bladder removed instead. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally defined time frame, known as the statute of limitations, which is different for each state. The victim must prove that the substandard treatment caused injury, then they have to prove the amount of compensation they are entitled to.

Damages

You deserve to be compensated for any injuries that you've suffered as a result of medical negligence. At Scaffidi & Associates, we can help you receive full and fair compensation for your loss.

The first step is to file and serve a complaint and summons on all defendants named in the lawsuit. The parties are involved in discovery. This is a process where documents and statements are revealed under oath. During discovery medical records and doctor's notes will typically be sought.

In the majority of states, to receive compensation for injuries caused by negligence, you must to prove four things including a duty of good faith that the healthcare provider is obligated to perform and a breach of that obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements, you can make a an extremely strong case for financial compensation in a medical malpractice claim.

In some cases the court can give punitive damages that is designed to penalize a wrongdoer and deter others from engaging in similar misconduct. But, this isn't often the case in medical malpractice cases because the courts require specific proof of malice to make these extraordinary awards.