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How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps inside her body following 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 duty, direct cause and injury.

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

Cause of Injury

A medical malpractice claim can be filed either by the injured person or an attorney. This could be a spouse, adult child guardian, parent or administrator of the estate of a deceased person depending on the circumstances. The plaintiff in a suit for medical negligence is the health professional. This could be a nurse, doctor or therapist, or any other health professional.

Malpractice cases typically involve a lot of expert testimony. Medical experts must testify as to whether the health care provider did what was required of medical care within their specific field of expertise. They also need to testify on injuries caused by physician's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. A misdiagnosis can have serious consequences, such as a life-threatening condition. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to prove a malpractice case, the patient must prove four legal elements: a duty the physician owed to them; a breach in this duty; a subsequent injury and damages. In certain states, like New York, the law puts a limit on amount of money that could be awarded in an action for malpractice.

Causation

The injury element is called the causation. It is among the most important elements in a medical negligence claim. To prove causation the plaintiff must show that they sustained the injury on the basis of probabilities as a result of the negligence of the doctor. This is a challenging task due to a variety of reasons.

For instance, many of the injuries that are the basis of a medical malpractice lawsuit stem from long-term or ongoing illnesses that were present before treatment began. Often the statute of limitations for a medical Malpractice law firm; mall4.kokoo.kr, negligence claim extends out over a number of years and the injuries may develop slowly.

In these instances it is difficult to prove that a medical professional's breach of the standard of care and led to the injury can be difficult. However, the person who was harmed could be able to use the evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery process, which is a part of the legal process for preparation for trial, your lawyer can seek disclosure of expert testimony as well as other documents from defendants' attorneys. The doctor defending the lawsuit will then be asked to testify during a deposition, which is the testimony under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the necessary elements of their case, including duty, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that the breaches caused injuries. The attorney representing the plaintiff must demonstrate this using evidence obtained during discovery. This involves seeking documents, such as medical records and other records from all parties in the lawsuit. The process also involves the recording of sworn statements and used in trial.

A doctor has violated their professional obligation when they did something that a reasonable and prudent doctor would not have done in 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 instance, a patient goes to the hospital for a hernia operation and is later told that he or his 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 filed within a certain timeframe, also known as the statute of limitations. This differs from state-to-state. The victim must prove that the substandard care resulted in injury, and then he or she must prove the amount of financial compensation they are entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties then engage in discovery, a process by which documents and declarations are made public under an oath. Medical records and notes of the doctor are usually requested during discovery.

In most states, to receive compensation for injuries caused by negligence, you must to prove four things that include 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 caused by the injury. If your lawyer can demonstrate all of these elements in a medical malpractice claim, you'll have a strong case.

In certain instances the court could make punitive damages a possibility that is designed to penalize a wrongdoer and discourage others from committing similar acts. However, this is not the norm in medical malpractice cases as courts require precise proof of malice before they can award these awe-inspiring awards.