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How to File a Medical Malpractice Case

A patient who finds that a foreign object, such as surgical clamps, remain inside her body after gall bladder surgery can file a medical malpractice lawsuit (mail.swgtf.com). A successful claim must establish 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 connection between the breach of duty and the resulting injury which is referred to as proximate cause.

Causes of Injury

A medical malpractice claim can be filed either by the person who suffered the injury or a legal representative. Based on the circumstances, this may be the spouse of the patient, an adult child or parent, guardian ad-litem or executor or administrator of the estate of the deceased patient. In a medical malpractice case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health professional.

The majority of cases involving malpractice involve many expert witnesses. Medical experts are required to be able to testify that the health care provider acted within the standard of medical care within their specific area of expertise. They also have to testify about injuries caused by doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be very severe. A misdiagnosis can have serious consequences, such as a life-threatening condition. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

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

Causation

The injury element, also known as causation, is one of the most important aspects of a medical malpractice case. To prove causation, a plaintiff must demonstrate that they sustained the injury on the balance of probabilities as a result of the physician's negligence. This can be a challenging job due to a variety of reasons.

Many injuries that are the basis of a medical negligence lawsuit stem from long-term conditions or ongoing illnesses that existed before treatment began. The statute of limitations on a medical malpractice case could be extended over several years, and injuries can develop slowly.

In these situations it can be difficult to prove that one particular medical professional's breach of the standard of care caused the injury. However, the patient who is afflicted may be able to use evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is part of the legal procedure preparing for trial, your lawyer can ask for the disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is representing the case will be required to take deposition. This is a testimony that is made under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven that the allegations of the case are true, including duty, breach and causation.

Negligence

When a medical negligence claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor breached his or her professional duties and that those violations caused injuries. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which includes requesting disclosure of documents including medical malpractice lawyers records from all parties who are involved in the lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor has breached their professional duty when they did something that a reasonable and prudent doctor would not have done in the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is referred to as causation, or proximate causes. For example the patient is admitted to the hospital for a hernia surgery and then has his or the gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

medical malpractice lawsuits malpractice suits must be filed within the legal period, referred to as the statute of limitations. This differs from state-to-state. The victim must prove that the substandard treatment resulted in injury, and after that they must show what compensation they're entitled to.

Damages

You deserve to be compensated for any injuries you have suffered as a result of medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then begin discovery, a process by which documents and statements are made public under the oath. During discovery, medical records and doctor's notes are usually requested.

In most states, to receive compensation for injuries caused by malpractice, you need to establish four elements: a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resulting from the injury. If your attorney can establish all of these elements, then you've got an extremely strong case for financial compensation in a medical malpractice case.

In certain instances courts may award punitive damages, which are designed to punish the offender and deter others from engaging in the same conduct. But, this isn't often the case in medical malpractice cases as courts require clear evidence of malice to award these awe-inspiring awards.