How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, remains inside her body after gall bladder surgery may be able to file a lawsuit for medical malpractice. A successful claim must establish the legal elements of Jefferson ferguson medical malpractice lawsuit malpractice lawsuit (https://vimeo.com) negligence: duty, deviation from this duty, direct cause and injury.

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

The reason for injury

A medical malpractice claim can be filed by the person who has been injured or a person legally designated to act on their behalf. This can be the spouse, adult child guardian, parent or administrator of the estate of a deceased patient depending on the specific circumstances. In a medical negligence case, the defendant is the health care provider. This could be a licensed nurse, doctor or therapist.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to be able to testify that the doctor performed his duties in accordance with the standard of care in their specific field of expertise. They must also testify as to the harm resulting from the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be very serious. An incorrect diagnosis can lead to serious consequences, such as life-threatening conditions. Other types of injuries be caused by operating on an incorrect body part or putting surgical instruments in the patient.

To establish a malpractice case, the patient must prove four legal elements: a duty the doctor owed to them; a breach in this duty; a resultant injury and damages. In certain states, like New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element, also referred to as causation, is among the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a difficult task for several reasons.

Many injuries that are the basis for a medical negligence lawsuit stem from long-term or ongoing illnesses that existed before treatment began. The time limit for a medical malpractice lawsuit can be extended for a number of years and injuries may develop slowly.

In these situations it can be difficult to prove that a particular medical professional's violation of the standard of care led to the injury. However, the aggrieved patient could be able to make use of the evidence gathered by the attorney, such as medical documents and expert testimony.

During the process of discovery as part of the legal process for prepping for a trial your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be asked to give evidence during a deposition, which is testimony given under the oath. Your lawyer can cross-examine the doctor and contest their findings. The jury will then decide whether the plaintiff has proved the essential elements of their case, including breach of duty, causation, breach of duty and injury.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and that those violations caused harm. The lawyer representing the plaintiff must prove this using evidence gathered through pre-trial discovery, which involves seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath and recorded to be used at trial, are also part of this procedure.

A doctor was in breach of his or her professional obligations if he or she did something that a reasonably prudent doctor would not do under the same circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation, or the proximate cause. A patient could go to the hospital to repair a hernia however, they end up having their gall bladder removed. This is medical malpractice because 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, referred to as the statute of limitations which varies according to the state. The victim must prove that the substandard care caused injury, and then show how much compensation he or her deserves.

Damages

If medical negligence caused you to suffer a traumatic injury, you deserve to be compensated. At Scaffidi & Associates, we will assist you in receiving full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties then begin discovery, a process in which documents and statements are revealed under oath. Medical records and the notes of the doctor are usually requested during discovery.

In most states, you have to prove four things in order to be compensated for the 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 these elements in a medical negligence claim, you will have an impressive case.

In certain instances courts may award punitive damages, which are intended to punish the culprit and deter others from committing the same offense. This is rare however, particularly in medical malpractice cases. The courts must have a clear evidence of malice before they are able to award these extraordinary damages.