How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body like surgical clamps, remain inside her body after gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from the duty, and direct reason.

It is vital for our clients to establish a direct link between the breach of duty and the damage that is known as proximate causation.

Causes of Injury

A medical negligence case may be filed by the person who has been injured or a person legally designated to represent them. Depending on the circumstances it could be the spouse of the patient or an adult child parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. The plaintiff in a lawsuit for medical malpractice is the health care provider. This could be a licensed doctor, nurse or therapist.

Malpractice cases usually require a lot of expert testimony. munford medical malpractice attorney experts must be able to prove whether or whether the healthcare provider was in compliance with the standard of care in their specific field. They must also testify to the harm caused by the doctor's actions or inactions.

The consequences of negligence and mistakes can be catastrophic. For instance, a wrong diagnosis of a medical condition could result in life-threatening consequences. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements of a malpractice claim that include a duty owed to the patient by the doctor; a breach of this duty; injury caused by the breach and the resulting damages. In certain states like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is among the most important aspects of medical malpractice cases. To establish causation the plaintiff must prove that the injury was caused by the physician's negligence. This is a challenging task due to a variety of reasons.

Many of the injuries that are the basis for a medical negligence suit result from long-term conditions or ongoing illnesses that existed before treatment started. The time-limit for a medical malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these instances it is necessary to prove that a medical professional's breached the standard of care that led to the injury is a challenge. The attorney may have gathered evidence, including medical records and expert testimony which the injured patient can utilize.

During the discovery process, which is a part of the legal procedure for preparation for trial, your lawyer can seek disclosure of expert testimony and other evidence from lawyers representing the defendants. The doctor defending the lawsuit is then asked to give evidence during deposition, which is testimony that is under oath. Your lawyer will be able to cross-examine doctor and contest the doctor's findings. The jury will decide whether the plaintiff has substantiated the facts of the case including breach of duty, breach of contract and causation.

Negligence

If a medical malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and those breaches resulted in injury. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. This process also includes sworn declarations that are recorded and used at trial.

A doctor has breached their professional duty if they did something an ordinary prudent doctor would not have done under the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate causes. For example, a patient goes to the hospital for a hernia surgery and then has his or her gall bladder removed instead. This is medical negligence because the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within a legal time frame, also known as the statute of limitations. This varies from state to state. The victim must demonstrate that the treatment was substandard and caused injury, and then they have to prove the amount of compensation they're entitled to.

Damages

If medical negligence caused you to sustain an injury, you have the right to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then begin discovery, in which documents and declarations are made public under the oath. During discovery medical records and notes from a doctor are typically requested.

In the majority of states, you have to establish four elements to be compensated for any injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that obligation; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements, you can make a an excellent case for financial compensation in a medical malpractice case.

In certain instances the court can award punitive damages, which are designed to punish the culprit and deter others from engaging in the same conduct. However, this is not the norm in Mount Pleasant Medical Malpractice Law Firm malpractice cases as courts require precise proof of malice before they can award these awe-inspiring awards.