How to File a Medical Malpractice Case

If a patient discovers that a foreign object, such as surgical clamps, remains inside her body after gall bladder surgery may file a medical malpractice lawsuit. A successful claim has to prove the elements of medical negligence: duty, deviation from the norm and direct cause.

Our clients must establish a direct link between the breach of duty, and the injury. This is referred to as the proximate reason.

The reason for injury

A medical malpractice case can be filed by the injured person or a legal person to act on their behalf. Depending on the circumstances, it could be the spouse of the patient or an adult child parent, a guardian ad litem or the executor or administrator of the estate of the patient who died. In a case of medical malpractice, the defendant is the health care provider. It could be a licensed nurse, doctor or therapist.

Expert testimony is often required in malpractice cases. Medical experts are required to be able to testify that the doctor did what was required of care in his or her special area of expertise. They must also testify to the damage caused by the actions or inactions of a doctor.

Injury caused by negligence and mistakes can be catastrophic. A mistake in diagnosis can have devastating consequences, including life-threatening conditions. Other types of injuries could include operating on the wrong body part or leaving instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the physician and a breach of this duty; an injury caused by the breach and resulting damages. In certain states, like New York, the law sets a limit on the amount of money that can be awarded in an action for malpractice.

Causation

The injury element, also known as causation, is one of the most important elements in medical malpractice cases. To prove causation, a plaintiff must demonstrate that they suffered their injury on the basis of probabilities because of the physician's negligence. This can be a difficult task due to a variety of reasons.

For instance, many injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing ailments that were in the process of being treated prior to. The time limit for a medical malpractice lawsuit can be extended over several years and injuries may develop slowly.

In these cases it is often difficult to prove that one particular medical professional's breach of the standards of care caused the injury. The attorney could have gathered evidence, like medical records and expert testimony, that the injured patient could use.

During the discovery procedure as part of the legal process the preparation of a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be asked to give a deposition. This is a statement that is made under the oath. Your lawyer is able to cross-examine doctor and challenge their conclusions. The jury will decide then if the plaintiff has proven the necessary elements of their case such as the duty of care, breach, causation and injury.

Negligence

When a medical malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional obligations and that those breaches resulted in harm. The plaintiff's lawyer has to demonstrate this with evidence gathered through pretrial discovery, which entails the disclosure of documents, including Munford Medical Malpractice Attorney records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for trial, are also a part of this process.

A doctor breached his or her professional duty when he/she did something that a reasonably prudent doctor would not do in similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is called causation or the proximate cause. A patient might go to the hospital to repair a hernia, but end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations, which varies by state. The person who suffered the injury must show that the inadequate treatment caused injury, then they must establish what compensation they are entitled to.

Damages

You should be compensated for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive full and fair compensation for your loss.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties then begin discovery, a process by which documents and statements are made public under the oath. During discovery, medical records and notes from a doctor will typically be sought.

In most states, in order to get compensation for injuries caused by malpractice, you need to establish four elements including a duty of good faith 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 excellent case for financial recovery in a claim for manassas park medical malpractice lawyer malpractice.

In some cases the court can give punitive damages, which are intended to punish the culprit and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases since courts require clear evidence of malice to award these awe-inspiring awards.