How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body after gall bladder surgery is able to file a lawsuit for medical negligence. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

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

Cause of Injury

A medical negligence case may be filed by the injured patient or a legal person to act on their behalf. Depending on the circumstances, it 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 lawsuit for medical malpractice is the health care provider. This could be a doctor, nurse, leewhan.com therapist or any other licensed health professional.

Expert testimony is typically required in cases of malpractice. Medical experts are required to testify on whether or the ridgecrest medical Malpractice lawsuit professional adhered to the standards of treatment in their specific field. They must also testify to the harm that was caused by the actions or inactions of a doctor.

The consequences of malpractice and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, such as an illness that could be life-threatening. 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 of a malpractice claim which include a duty to the patient by the doctor and a breach of that obligation; a harm caused by the breach and the resulting damages. In some states, like New York, the law puts a limit on amount of money that can be awarded in a malpractice claim.

Causation

The injury element is also known as the causation. It is among the most crucial aspects of a medical malpractice claim. To establish causation, the plaintiff must prove that they sustained the injury on the basis of probabilities because of the negligence of the doctor. This is a difficult job due to a variety of reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing ailments that were present before treatment began. The time-limit for a medical malpractice lawsuit malpractice case can be extended for a number of years and injuries can develop slowly.

In these instances it is often difficult to prove that one particular medical professional's violation of the standard of care led to the injury. The attorney may have collected evidence, including expert testimony and medical records which the injured patient can utilize.

During the discovery process that is part of the legal process preparation for a trial, your lawyer may request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is representing the case will be required to testify in deposition. This is a testimonies that is given under an oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will decide whether the plaintiff has substantiated the elements of the case including breach of duty and causation.

Negligence

When a medical negligence claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and those breached duties caused injury. The plaintiff's lawyer must demonstrate this by presenting evidence through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties involved in the lawsuit. This also includes sworn declarations that are recorded and used at trial.

A doctor has breached their professional duty if they did something reasonable and prudent doctors would not have done under similar circumstances. However it must be established that the breach directly caused injury to the patient. This is called causation or proxy causes. A patient might visit a hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, called the statute of limitations, which is different for each state. The patient who is injured must prove that the substandard care caused injury and then he or she must demonstrate the amount of compensation he or she deserves.

Damages

If medical negligence caused you to suffer a traumatic injury, you are entitled to be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties engage in discovery. This is a process where documents and statements are revealed under oath. During discovery, medical records and doctor's notes will typically be sought.

In most states, medical malpractice lawyer you must demonstrate four elements in order to be compensated for any injuries caused 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 that flow from the injury. If your lawyer can prove all of these elements, you will have an excellent case for financial compensation in a medical malpractice claim.

In certain instances the court can give punitive damages that is designed to punish the wrongdoer and deter others from engaging in similar conduct. However, this is not the norm in pooler medical malpractice law firm malpractice cases, since courts require clear evidence of malice to make these extraordinary awards.