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How to File a Medical Malpractice Case

A patient who discovers an object foreign to the body, such as surgical clamps, remains inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice attorney malpractice: duty, deviance from this duty and the direct reason.

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 injured patient or a legal person to represent them. This could be a spouse, adult child, parent, guardian or administrator of the estate of a deceased patient, depending on the circumstances. In a medical malpractice case, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Malpractice cases usually require the testimony of experts. Medical experts must be able to prove whether or not the health care provider was in compliance with the standard of care for their particular area of expertise. They must also testify to the harm resulting from the doctor’s actions or inactions.

Injuries caused by negligence and negligence can be very serious. A misdiagnosis could have grave consequences, including an illness that could be life-threatening. Other types of injuries include operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements of a malpractice lawsuit: a duty owed to the patient by the doctor and a breach of that 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 in a malpractice case.

Causation

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

For instance, a lot of injuries that are the basis of a medical malpractice attorneys malpractice lawsuit arise from long-term or ongoing conditions that were already in the process of being treated prior to. Often the statute of limitations for a claim involving medical malpractice extends over a variety of years, and injuries may develop slowly.

In these situations it can be difficult to prove that a particular medical professional's violation of the standard of care caused the injury. The attorney could have collected evidence, such as medical records and expert testimony that the injured person could use.

During the discovery process, which is part of the legal procedure prepping for trial, your lawyer may 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 statement that is given under an oath. Your lawyer can cross-examine the doctor and contest their conclusions. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice that it is more than likely that the doctor did not fulfill his or her duties as physician and that the actions led to injury. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which includes seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use at trial, are also part of this process.

A doctor was in breach of his or her professional obligations when he/she did something that a reasonable prudent doctor would not do in similar circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is known as causation or the proximate cause. For instance the patient is admitted to the hospital for a hernia operation and is later told that he or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, referred to as the statute of limitations which varies according to the state. The victim must prove that the substandard treatment caused injury, and they must prove what monetary compensation they are entitled to.

Damages

If medical negligence has caused you to suffer injury, you deserve to be compensated. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then engage in discovery, a process in which documents and statements are made public under oath. During discovery, medical records and doctor's notes will usually be requested.

In the majority of states, to receive compensation for injuries caused by malpractice, you need to establish four elements including a duty of good faith that is due to 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 have an argument for financial recovery in a medical malpractice case.

In certain instances the court could make punitive damages a possibility which is intended to punish the wrongdoer and deter others from engaging in similar crimes. However, this is not the norm in medical malpractice cases as the courts require extremely specific proof of malice to give these extraordinary awards.