How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps within her body after gall bladder surgery may bring a lawsuit against a doctor for medical malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.

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

Causes of Injury

A medical malpractice claim can be filed either by the injured person or a legal representative. Depending on the circumstances, this could be a spouse of the patient or an adult child, parent, guardian ad litem, or the executor or administrator of the estate of the deceased patient. In a case involving medical malpractice the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other licensed health professional.

Expert testimony is typically required in cases of malpractice. Medical experts must be able to testify that the health care provider performed his duties in accordance with the standard of care in their specific area of expertise. They also need to testify on the injury that was caused by the physician's actions or actions or.

Injury caused by negligence and mistakes can be catastrophic. For example, kbphone.co.kr a mistake in the diagnosis of a health issue could result in life-threatening consequences. Other types of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements of a malpractice lawsuit the duty owed to the patient by the physician and a breach of this duty; an injury caused by the breach; and the consequential damages. In certain states, like New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element is also called the causation. It is one of most important elements in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This can be a challenging task due to a variety of reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit arise from long-term or ongoing illnesses that were present prior to the time of treatment. The time limit for medical malpractice cases can be extended for a number of years and the development of injuries can happen slowly.

In these instances, it is difficult to prove that a certain medical professional's breach of standards of care caused the injury. However, the patient who is afflicted could be able to use the evidence collected by the attorney, including medical records and expert testimony.

During the discovery process that is part of the legal process the preparation of a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be required to testify in a deposition. This is a testimonies that is given under oath. Your lawyer will be able to cross-examine doctor and challenge their conclusions. The jury will decide whether the plaintiff has proved that the allegations of the case are true including breach of duty and causation.

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 committed a breach of professional duties and that those breached duties caused harm. The attorney representing the plaintiff must demonstrate this through evidence obtained during discovery. This involves seeking documents, such as medical records and other records from all parties in the lawsuit. Depositions, wherein statements are made under oath and recorded for use in trial, are also part of this process.

A doctor was in breach of the professional duties of a doctor if he or she did something that a prudent doctor would not do under the same circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation or proxy causes. For example, a patient goes to the hospital for a hernia surgery and is then able to have his or his gall bladder removed instead. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations, which varies by state. The injured patient must establish that the negligent care resulted in injury, and then demonstrate the amount of compensation they are entitled to.

Damages

If a medical error has caused you to suffer a traumatic injury, you should be made whole. Scaffidi & Associates can help you get fair and complete compensation for your losses.

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

In most states, you must prove four things to be compensated for any injuries caused by medical malpractice that is a duty owed by the healthcare provider and a breach of that duty; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these elements, you have an excellent case for Vimeo.Com financial recovery in a medical malpractice claim.

In some instances, the court may give punitive damages that is intended to penalize a wrongdoer and discourage others from committing similar crimes. This isn't often however, especially in medical malpractice cases. The courts must have a clear evidence of malice before they are able to decide to award these extraordinary damages.