How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps within her body after gall bladder surgery can make a claim for medical malpractice. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this obligation, direct cause and injury.

It is vital for our clients to establish a direct relationship between the breach of duty and the damage which is referred to as proximate cause.

Causes of Injury

A medical malpractice claim may be filed either by the person who was injured or an attorney. This can be the spouse or adult child, parent, guardian or administrator of the estate of a deceased person depending on the specific circumstances. In a case of medical malpractice the defendant is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify on whether or not the health care provider adhered to the standards of treatment for their particular area of expertise. They must also testify to the harm that was caused by the actions or inactions of the doctor.

The consequences of negligence and malpractice can be severe. For example, a misdiagnosis of a medical condition could cause life-threatening complications. Other types of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case: a duty owed to the patient by the physician; a breach of this obligation; a harm caused by the breach; and the resulting damages. In certain states like New York the law limits the amount of money awarded for a malpractice claim.

Causation

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

Many of the injuries that form the basis for a medical negligence lawsuit stem from long-term conditions or ongoing issues that existed before treatment began. The time period for filing bellevue medical Malpractice Lawsuit malpractice cases can be extended for a number of years, and injuries can develop slowly.

In these cases it is difficult to prove that a medical professional's failure to adhere to the standard of care which led to the injury is not easy. However, the aggrieved patient could be able to make use of the evidence collected by the attorney, such as geneseo medical malpractice lawyer records and expert testimony.

During the process of discovery that is part of the legal procedure for prepping for a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will be asked to give evidence during a deposition, which is testimony given under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven all the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice, that it is more likely that the doctor violated his or her duties as medical professional and that these actions led to injury. The plaintiff's lawyer must demonstrate this with evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties involved in the lawsuit. This process also includes sworn statements that are recorded and used at trial.

A doctor breached his or her professional duty if he or she did something that a prudent physician would not do in similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation, or proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and is later told that he or the gall bladder removed instead. This is medical malpractice because the removal of the gall bladder did not benefit 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 victim must prove that the negligent treatment caused injury, and they have to prove the amount of compensation they deserve.

Damages

You should be compensated for any injuries that you've suffered due to firebaugh medical malpractice lawyer negligence. At Scaffidi & Associates, we can assist you in obtaining an adequate and fair amount of compensation for your losses.

The first step is to file and serve an order and complaint on all named defendants in the lawsuit. The parties then engage in discovery, a process in which documents and declarations are made public under an oath. During discovery medical records and notes from a doctor are usually requested.

In the majority of states, you need to establish four elements to be compensated for any injuries caused by medical malpractice such as a duty due to the healthcare provider and a breach of the obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your lawyer can prove all of these aspects of a medical negligence claim, you will have a convincing case.

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