How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body, such as surgical clamps, remains inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause and injury.

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

The reason for injury

A medical malpractice claim may be filed either by the victim or an attorney. This could be the spouse, adult child guardian, parent or administrator of the estate of a deceased person depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. This could be an accredited doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to provide evidence to prove that the health care provider was acting in accordance with the standards of care in his or her specific field of expertise. They also have to testify to the harm that was caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be extremely serious. For instance, a misdiagnosis of a health issue could result in life-threatening consequences. Other types of injuries include operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim which include a duty to the patient by the doctor and a breach of this obligation; a harm caused by the breach and the resulting damages. In certain states, such as New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also known as causation is one of the most crucial elements in a Marshall bowling green medical malpractice lawsuit Malpractice Law Firm (Vimeo.Com) malpractice case. To establish causation, the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This is a difficult task due to a variety reasons.

For instance, a lot of injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing conditions that were present prior to the time of treatment. Often, the statute of limitations for a medical malpractice claim extends out over a number of years, and injuries can develop gradually.

In these cases it is often difficult to prove that one particular morgan hill medical malpractice law firm professional's violation of the standard of care led to the injury. The attorney could have gathered evidence, like medical records and expert testimony which the injured patient can utilize.

During the discovery process, which is a component of the legal process for getting ready for trial, your lawyer may seek disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the lawsuit is then required to testify in a deposition, which is testimony that is under the oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their case, including duty, breach, causation and little falls medical malpractice lawyer injury.

Negligence

The plaintiff must convince the jury, when bringing a claim for medical malpractice that it is more than likely that the doctor violated his or her duties as a doctor and that these breaches resulted in injury. The plaintiff's lawyer has to demonstrate this by presenting evidence through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This process also includes sworn declarations that are recorded and used in trial.

A doctor has violated his or her professional obligation if he or she did something that a prudent physician would not do under similar circumstances. It must be established that the breach caused 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 procedure and is then able to have his or his gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

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

Damages

If medical negligence has led you to suffer a traumatic injury, you are entitled to be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties are involved in discovery. It is a process where documents and evidence are disclosed under the oath. Medical records and notes of a doctor are typically requested during discovery.

In most states, to receive compensation for injuries sustained by malpractice, you have to establish four elements such as a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages that result from the injury. If your attorney can prove all these elements of a medical negligence claim, you will have a convincing case.

In some cases the court could award punitive damage that is designed to punish the wrongdoer and discourage others from committing similar crimes. However, this is not the norm in medical malpractice cases because the courts require precise proof of malice before they can give these extraordinary awards.