How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, such as surgical clamps, remains inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from this duty and the direct reason.

Our clients must establish a direct link between the breach of duty, and the injury. This is referred to as proximate cause.

Causes of Injury

A medical malpractice claim can be filed by the victim or a legal representative. Based on the circumstances, this could be the spouse of the patient, an adult child or parent, a guardian ad Litem or the executor or administrator of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Expert testimony is typically required in cases of malpractice. Medical experts must determine if the medical professional acted within the standard of care in his or her specific area of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

Accidents caused by negligence or malpractice can be severe. For example, a mistake in the diagnosis of a health condition can have life-threatening effects. 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 of a malpractice claim which include a duty to the patient by the doctor and a breach of that duty; injury caused by the breach and resulting damages. In certain states, like New York the law limits the amount of money awarded for a malpractice case.

Causation

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

Many of the injuries that form the basis of a medical negligence lawsuit result from long-term or ongoing illnesses that existed before treatment began. Often the statute of limitation for a medical malpractice claim extends out over a number of years, and injuries can develop gradually.

In these cases it is often difficult to prove that a particular medical professional's failure to adhere to the standard of care caused the injury. The attorney may have gathered evidence, such as medical records and expert testimony which the injured patient can use.

During the discovery process, which is a part of the legal process for getting ready for trial, your lawyer may seek disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the case will be required to appear in deposition. This is a testimony that's given under the oath. Your lawyer is able to cross-examine doctor and contest the doctor's findings. The jury will decide then if the plaintiff has established the necessary elements of their case including obligation, breach, causation and injury.

Negligence

When a medical malpractice claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the physician breached his or her professional duties and those violations caused harm. The plaintiff's lawyer has to demonstrate this with evidence gathered through pretrial discovery, which entails the disclosure of documents, Carterville medical malpractice Lawsuit including st michael medical malpractice lawyer records from all parties involved in the lawsuit. This process also involves sworn statements that are recorded and used in trial.

A doctor has violated their professional duty by doing something that reasonable and prudent doctors would not have done in similar circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is referred to as causation or proxy causes. Patients may visit a hospital to have a hernia fixed, and instead, have their gall bladder removed. This is medical negligence as the procedure did not benefit the patient.

kutztown medical malpractice law firm malpractice suits must be filed within a certain time limit, known as the statute of limitations. This differs from state-to-state. The injured patient must establish that the care provided was substandard and caused injury and then he or she must show how much compensation he or she deserves.

Damages

You deserve to be compensated for any injuries that you've 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 file and serve a complaint or summons, as well as other documents on all defendants. The parties then begin discovery, in which documents and declarations are made public under oath. During discovery, medical records and doctor's notes will usually be requested.

In the majority of states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements such as a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resulting from the injury. If your attorney can establish all of these elements, you will have a strong case for globe medical malpractice lawyer financial recovery in a medical negligence claim.

In certain instances courts may give punitive damages, which are intended to penalize the perpetrator and discourage others from committing the same offense. This isn't often however, in medical malpractice cases. The courts must have very clear evidence of malice before they can give these extraordinary damages.