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How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps inside her body following gall bladder surgery could bring a lawsuit against a doctor for medical negligence. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from the duty, and direct reason.

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

Cause of Injury

A medical malpractice claim can be filed by the injured person or a legal representative. Based on the circumstances, this may be the spouse of the patient, an adult child or parent, a guardian ad-litem or administrator or executor of the estate of the patient who died. The defendant in a lawsuit for medical malpractice is the health professional. It could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to testify on whether or not the health care provider was in compliance with the standard of care in their specific field. They also have to testify to the damage caused by the actions or inactions of the doctor.

The consequences of negligence and mistakes can be devastating. A misdiagnosis can have serious consequences, like life-threatening conditions. Other types of injuries can involve operating on the wrong body part or leaving surgical instruments inside the patient.

In order to establish a malpractice case, the patient must prove four legal elements: a duty the doctor owed them; a breach in the breach; a resulting injury; and damages. In some states, like New York, the law sets a limit on the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

The injury element, also known as causation, is among the most important aspects of medical malpractice cases. To establish causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This can be a difficult job due to a variety of reasons.

For instance, many of the injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing illnesses that were present prior to treatment. Often the statute of limitation for a medical malpractice claim is extended over a period of years and the injuries can develop gradually.

In these instances it is necessary to prove that a medical professional's violation of the standard of care and led to the injury can be difficult. The attorney could have collected evidence, including medical records and expert testimony that the patient who was injured can use.

During the discovery process, which is a component of the legal process for preparation for trial, your lawyer can ask for the disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the case will be required to take a deposition. This is a declaration that is given under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proved the essential elements of their case, including duty, breach, causation and injury.

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 physician breached his or her professional duties and those violations caused harm. The plaintiff's attorney has to demonstrate this using evidence gathered during discovery. This includes soliciting documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, in which the statements are made under oath and recorded for trial, are also part of this process.

A doctor was in breach of his or her professional duty when he or she did something that a reasonably prudent doctor would not do under similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is known as causation or proximate causes. A patient may go to the hospital in order to repair a hernia, but end up having their gall bladder removed. This is medical malpractice lawyers malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally-defined period of time, also known as the statute of limitations, which varies by state. The patient who is injured must prove that the negligent care caused injury and then prove the amount of financial compensation he or she deserves.

Damages

You should be compensated for any injuries you have suffered as a result of medical negligence. 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 defendants named in the lawsuit. The parties participate in discovery. This is where documents and statements are disclosed under the oath. During discovery medical records and doctor's notes are typically requested.

In many states, to get compensation for injuries caused by negligence, Medical malpractice lawsuits you must to establish four elements that include a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages caused by the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you'll have a convincing case.

In some cases the court could award punitive damage, which is meant to penalize a wrongdoer and deter others from engaging in similar misconduct. This isn't often however, particularly in medical malpractice cases. The courts must have a clear evidence of malice before they may decide to award these extraordinary damages.