• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign like surgical clamps, is still inside her body after gall bladder surgery can file a medical malpractice attorneys malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

It is essential for our clients to establish a direct connection between the breach of duty and the harm called proximate causation.

Causes of Injury

A claim for medical malpractice can be filed either by the person who suffered the injury or a legal representative. This could be the spouse or adult child or parent, guardian or administrator of a deceased patient's estate, based on the circumstances. In a case involving medical malpractice, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Expert testimony is usually required in malpractice cases. Medical experts must testify as to whether the health care provider was acting in accordance with the standards of medical care within their specific field of expertise. They also have to testify to the harm that was caused by the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be extremely serious. For instance, a misdiagnosis of a health issue could have life-threatening consequences. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice case which include a duty to the patient by the doctor or a breach of the duty; an injury caused by the breach; and resulting 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, also referred to as causation, is one the most important elements in medical malpractice cases. To establish causation the plaintiff must prove that their injury was caused by a physician's negligence. This can be a challenging task for several reasons.

For example, many injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing conditions that were already present prior to treatment. The time period for filing a medical malpractice lawsuit can be extended over the course of several years and injuries can develop slowly.

In these cases it is difficult to prove that a medical professional's breached the standard of care and led to the injury is not easy. However, the patient who was hurt could be able to use the evidence gathered by the attorney, such as medical documents and expert testimony.

During the discovery process, which is an integral part of the legal process for preparation for trial, your lawyer could seek disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor defending the lawsuit will be called to testify during depositions, which are the testimony under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has established the necessary elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor violated professional duties and that the breached duties caused injury. The plaintiff's attorney has to demonstrate this using evidence obtained during discovery. This includes seeking documents, such as medical records and other records from all parties in a lawsuit. This also includes swearing statements that are recorded and used at trial.

A doctor violated his or her professional duty if he or she did something that a reasonable prudent doctor would not do in the same circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. For example an individual goes to the hospital for a hernia procedure and then has his or the gall bladder removed instead. This is medical negligence as the removal did not benefit the patient.

Medical Malpractice Lawsuits (Http://Shinhwaspodium.Com) must be brought within a legally-defined time frame, known as the statute of limitations, which varies by state. The person who has suffered injury must prove that the substandard care resulted in injury, and then he or she must show how much compensation he or she is entitled to.

Damages

If medical negligence has caused you to suffer injury, you are entitled to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving a complaint and summons on all named defendants in the lawsuit. The parties then engage in discovery. This is a procedure where documents and evidence are made public under oath. Medical records and the notes of the doctor are typically sought during discovery.

In many states, to receive compensation for injuries caused by malpractice, you have to prove four things such as a duty of care owed by the healthcare provider, a breach of this 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 recovery in a medical malpractice claim.

In certain instances, a court may give punitive damages, which are intended to penalize the wrongdoer and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases as courts require evident proof of malice in order to make these extraordinary awards.