How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, is still inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must prove the elements of medical malpractice: duty, deviation from the duty, and direct reason.

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

Cause of Injury

A medical malpractice law firm malpractice lawsuit can be filed either by the person who suffered the injury or a legal representative. It could be the spouse, adult child parent, guardian, or administrator of the estate of a deceased patient depending on the circumstances. In a medical malpractice case the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Expert testimony is often required in malpractice cases. Medical experts are required to testify whether or the medical professional adhered to the standards of treatment for their specific area. They must also testify regarding the injury that was caused by the physician's actions or actions or.

The injuries that result from malpractice and negligence can be quite severe. For example, a mistake in the diagnosis of a health problem could cause life-threatening complications. Other types of injuries could include performing surgery on the wrong body part or leaving 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 and a breach of that obligation; a harm caused by the breach and the resulting damages. In some states, such as New York, the law puts a limit on amount that can be awarded for the malpractice claim.

Causation

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

Many of the injuries that are the basis of a medical negligence lawsuit result from chronic issues that existed before treatment began. The time period for filing medical malpractice cases can be extended over a period of time, medical malpractice lawsuit and injuries can develop slowly.

In these instances it is necessary to prove that a medical professional's violation of the standard of care that led to the injury is a challenge. However, the aggrieved patient could be able to use the evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is part of the legal procedure for preparing for trial, your lawyer can ask for the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is representing the case will be asked to testify in deposition. This is a testimonies that is made under an oath. Your lawyer can cross-examine the doctor and challenge their conclusions. The jury will decide whether the plaintiff has substantiated the facts of the case, including duty, breach 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 doctor committed a breach of professional duties and that those breaches caused injury. The plaintiff's lawyer must show this through evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded for trial, are also a part of this process.

A doctor violated his or her professional duty when he/she did something that a reasonably prudent doctor would not do in the same circumstances. However it must be proved 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 procedure to treat a hernia and is then able to have his or his gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, also known as the statute of limitations that varies from state to state. The victim must demonstrate that the treatment was substandard and caused injury, and they must establish what compensation they deserve.

Damages

You deserve to be compensated for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you receive full and fair compensation for medical malpractice lawsuit your losses.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties engage in discovery. This is a procedure in which documents and declarations are presented under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, you must prove four things to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider; a breach of that duty; a causal relationship between the breach and the injury suffered by the patient and damages resulting from the injury. If your lawyer can prove all of these elements in a canton medical malpractice law firm malpractice claim, you will have an enviable case.

In certain instances the court can decide to award punitive damages. These are intended to penalize the wrongdoer and deter others from committing the same offense. However, this is rare in medical malpractice cases as the courts require extremely clear evidence of malice to award these awe-inspiring awards.