How to File a Medical Malpractice Case

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

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

The reason for injury

A medical malpractice lawsuit can be filed by the injured patient or a person who is legally authorized to represent them. Based on the circumstances, this could be a spouse of the patient, an adult child or parent, guardian ad-litem or administrator or executor of the estate of the patient who died. In a medical negligence case, the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

Expert testimony is typically required in malpractice cases. Medical experts must be able to testify that the medical professional acted within the standard of care in their special area of expertise. They must also testify regarding the harm caused by the doctor's actions or actions or.

The consequences of negligence and negligence can be very serious. A misdiagnosis could have grave consequences, like the possibility of a life-threatening illness. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice claim: a duty owed to the patient by the physician and a breach of this obligation; an injury resulting 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, also referred to as causation, is one of the most important aspects of medical malpractice cases. To prove causation the plaintiff must show that they suffered their injury based on a balance of probabilities due to due to the negligence of the doctor. This can be a challenging job due to a variety of reasons.

Many of the injuries that are the basis for a medical negligence lawsuit stem from long-term illnesses or conditions that existed prior to when treatment began. Often the statute of limitation for a claim involving Medical malpractice (Vimeo.com) extends out over a number of years, and injuries may develop slowly.

In these situations it is often difficult to prove that a specific medical professional's violation of the standards of care caused the injury. The attorney could have gathered evidence, such as medical records and expert testimony that the patient who was injured can utilize.

During the discovery process, which is part of the legal procedure for getting ready for trial, your lawyer can request the disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is defending the case will be asked to appear in deposition. This is a statement that is made under oath. Your lawyer can cross-examine the doctor and challenge their conclusions. The jury will decide whether the plaintiff has established the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice that it is more than likely that the doctor did not fulfill the obligations of physician and that the breaches resulted in injury. The lawyer for the plaintiff must prove this using evidence gathered through pretrial discovery, which entails the disclosure of documents, including medical records from all parties involved in the lawsuit. The process also involves sworn declarations that are recorded and used at trial.

A doctor has breached their professional duty by doing something that a reasonable and prudent doctor would not have done under similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or proximate causes. A patient could visit the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical negligence because the procedure was not beneficial to 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 show that the inadequate treatment caused injury, and then they must prove what monetary compensation they deserve.

Damages

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

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

In many states, to receive compensation for injuries caused by malpractice, you have to establish four elements such as a duty of care that the healthcare provider is obligated to perform, a breach of this duty; a causal link between the breach and injury and damages that result from the injury. If your lawyer can prove all of these elements of a sandersville medical malpractice lawsuit negligence claim, you will have an enviable case.

In certain instances the court can give punitive damages, which is meant to punish the perpetrator and deter others from engaging in similar acts. However, Medical malpractice this is not the norm in medical malpractice cases since courts require evident proof of malice in order to award these extraordinary awards.