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How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, is still inside her body after gall bladder surgery could bring a medical malpractice lawyer malpractice lawsuit. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

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

Causes of Injury

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

Malpractice cases usually involve the testimony of experts. Medical experts must be able to testify that the health care provider performed his duties in accordance with the standard of care in their specific area of expertise. They must also testify regarding injuries caused by doctor's actions or inactions.

Injury caused by negligence and malpractice can be severe. For instance, a wrong diagnosis of a health issue could cause life-threatening complications. Other kinds of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements in a malpractice claim: a duty owed to the patient by the doctor and a breach of that obligation; an injury resulting by the breach and resulting damages. In certain states like New York the law limits the amount of money that can be awarded for a malpractice claim.

Causation

The injury element is also known as the causation. It is among the most important elements in a medical malpractice claim. To prove causation, a plaintiff must demonstrate that they suffered an injury on a balance of probabilities because of the physician's negligence. This can be a difficult task due to a variety reasons.

A lot of the injuries that form the basis of a medical negligence suit result from chronic conditions that existed prior to when treatment began. The time-limit for medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these instances it can be difficult to prove that one particular medical professional's failure to adhere to the standard of care led to the injury. The attorney could have gathered evidence, such as medical records and expert testimony which the injured patient can use.

In the discovery process that is part of the legal procedure for preparation for a trial, your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be asked to appear in a deposition. This is a testimonies that is made under an oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the facts of the case including breach of duty and causation.

Negligence

When a medical negligence 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 breaches caused harm. The plaintiff's lawyer must be able to prove this by utilizing evidence collected during discovery. This includes requesting documents, including medical records as well as other documents from all parties in a lawsuit. This process also includes sworn statements that are recorded and used at trial.

A doctor was in breach of the professional duties of a doctor in the event that he or her did something that a reasonably prudent physician would not do in similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation or proximate cause. For example, a patient goes to the hospital for a hernia surgery and ends up having his or his gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a specific legal time limit, known as the statute of limitations. This varies from state to state. The person who has suffered injury must prove that the negligence resulted in injury, and then prove the amount of financial compensation he or her deserves.

Damages

You are entitled to compensation 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 is filing and serving a complaint and summons on all named defendants in the lawsuit. The parties participate in discovery. It is a process in which documents and declarations are disclosed under the oath. Medical records and notes of the doctor are typically sought during discovery.

In most states, to receive compensation for injuries sustained by negligence, you must to prove four things including a duty of good faith that the healthcare provider is obligated to perform and Medical malpractice Law Firms a breach of that obligation; a causal connection between the breach and injury; and damages that result from the injury. If your lawyer can prove all these elements in a medical malpractice claim, you'll have a strong case.

In some cases, the court may make punitive damages a possibility, which is meant to penalize a wrongdoer and discourage others from committing similar conduct. But, this isn't often the case in medical malpractice law Firms; odlinks.govdelivery.Com, malpractice cases, since courts require clear evidence of malice to give these extraordinary awards.