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How to File a medical malpractice law firm Malpractice Case

A patient who finds that an object foreign to the body like surgical clamps, remain inside her body after gall bladder surgery may be able to file a lawsuit for medical malpractice. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.

It is important for our clients to establish a direct connection between the breach of duty and the injury that is known as proximate causation.

Causes of Injury

A medical malpractice claim can be filed either by the person who suffered the injury or an attorney. It could be the spouse, adult child or parent, guardian or administrator of a deceased patient's estate, depending on the circumstances. The defendant in a suit for medical malpractice lawyers negligence is the health care provider. It could be a licensed doctor, nurse or therapist.

The majority of cases involving malpractice involve the testimony of experts. Medical experts are required to determine if the medical professional performed his duties in accordance with the standard of care in their specific area of expertise. They must also testify as to the harm caused by the doctor’s actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. An incorrect diagnosis can lead to serious consequences, such as a life-threatening condition. Other kinds of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

To establish a malpractice case, the patient must prove four legal elements: a duty the doctor owed to them; a breach in this duty; a resultant injury and damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements in medical malpractice cases. To prove causation, the plaintiff must demonstrate that they sustained their injury on a balance of probabilities because due to the negligence of the doctor. This can be a difficult task due to a variety reasons.

A lot of the injuries that form the basis for a medical negligence lawsuit result from long-term or ongoing conditions which were present before treatment began. The time limit for a medical malpractice case could be extended for a number of years, and injuries can develop slowly.

In these situations it can be difficult to prove that a specific medical professional's failure to adhere to the standards of care caused the injury. However, the aggrieved patient might be able use the evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer can request disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor defending the lawsuit will be asked to give evidence during a deposition, which is the testimony under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated all the elements of the case including breach of duty and causation.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician violated professional obligations and that those breaches caused injuries. The plaintiff's lawyer must demonstrate this by presenting evidence through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This process also includes sworn statements that are recorded and used at trial.

A doctor was in breach of his or her professional obligation when he/she did something that a reasonable prudent doctor would not do under the same circumstances. However it must be established that the breach directly caused the injury to the patient. This is referred to as causation or proximate 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 malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a specific legal timeframe, also known as the statute of limitations. This differs from state-to-state. The victim must show that the inadequate treatment caused injury, and they must prove what monetary compensation they are entitled to.

Damages

If medical negligence has caused you to suffer a traumatic injury, you should be compensated. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then engage in discovery, a procedure in which documents and statements are made public under the oath. Medical records and the doctor's notes are typically requested during discovery.

In the majority of states, you need to prove four things in order to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider; a breach of that obligation; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your attorney can establish all of these elements, you have a strong case for financial recovery in a medical negligence claim.

In some cases the court can award punitive damages, which are intended to punish the perpetrator and discourage others from engaging in similar misconduct. It is not common however, in medical Malpractice law firms malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to award these extraordinary damages.