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How to File a Medical Malpractice Case

A patient who discovers that a foreign object, such as surgical clamps, remains inside her body after gall bladder surgery can file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is known as proximate cause.

The reason for injury

A medical malpractice claim can be filed either by the victim or an attorney. Based on the circumstances, it could be the spouse of the patient, an adult child or parent, a guardian ad Litem or the administrator or executor of the estate of the deceased patient. The plaintiff in a medical malpractice lawsuit is the health professional. This could be a nurse, doctor, therapist or any other licensed health care professional.

Expert testimony is often required in malpractice cases. Medical experts are required to determine if the medical professional performed his duties in accordance with the standard of care in his or her specific field of expertise. They also have to testify about the injury that was caused by the doctor's actions or inactions.

The consequences of malpractice and negligence can be very severe. For example, a mistake in the diagnosis of a health issue could have life-threatening consequences. Other types of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor; a breach of this obligation; an injury resulting by the breach; and the consequential damages. In certain states, like New York, the law puts a limit on amount that can be awarded for a malpractice claim.

Causation

The injury element is called the causation. It is among the most crucial elements in a medical malpractice claim. To establish causation, the plaintiff must prove that the injury was caused by the doctor's negligence. This can be a difficult job due to a variety of reasons.

A lot of the injuries that form the basis for medical negligence lawsuits result from chronic conditions which were present before treatment started. The time period for filing a medical malpractice case could be extended for a number of years, and injuries can develop slowly.

In these instances it is difficult to prove that a boulder medical malpractice lawsuit professional's failure to adhere to the standard of care led to the injury is not easy. The attorney may have collected evidence, like medical records and expert testimony that the patient who was injured can utilize.

During the discovery process, which is a component of the legal procedure preparation for trial, your lawyer can ask for the disclosure of expert testimony as well as other documents from defense attorneys of the defendants. The doctor defending the lawsuit will then be called to testify during a deposition, which is testimony under an oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the necessary elements of their claim, which includes obligation, breach, causation and injury.

Negligence

If a south bay medical malpractice attorney malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician violated professional obligations and that those breached duties caused injuries. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which entails the disclosure of documents, including medical records from all parties who are involved in the lawsuit. This process also involves swearing statements that are recorded and used at trial.

A doctor has violated the professional duties of a doctor when he/she did something that a reasonably prudent doctor would not do in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. A patient might visit a hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally regulated period of time, referred to as the statute of limitations that varies from state to state. The victim must prove that the care provided was substandard and caused injury, and then he or she must prove the amount of financial compensation he or she is entitled to.

Damages

You deserve to be compensated for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your loss.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties participate in discovery. This is a procedure where documents and statements are revealed under the oath. During discovery, medical records and notes from a doctor are typically requested.

In many states, to be eligible for compensation for injuries incurred by negligence, you must to establish four elements that include a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages resultant from the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, [Redirect-302] you will have an enviable case.

In certain cases, courts can make punitive damages available, which are intended to punish the offender and deter others from committing the same offense. It is not common however, in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to award these extraordinary damages.