How to File a Medical Malpractice Case

If a patient discovers that an object foreign to her, malpractice such as surgical clamps, remain inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

Cause of Injury

A medical malpractice claim can be filed either by the injured person or a legal representative. This could be the spouse or adult child, parent, guardian or administrator of an estate belonging to a deceased patient depending on the circumstances. The defendant in a medical malpractice lawsuit is the health professional. This could be a nurse, doctor, therapist or any other health care professional.

Expert testimony is usually required in cases of malpractice. Medical experts must provide evidence to prove that the medical professional 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.

The consequences of negligence and malpractice can be severe. A misdiagnosis could have grave consequences, including a life-threatening condition. Other types of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

To establish a malpractice case the patient must demonstrate four legal elements: a duty that the doctor owed them; a breach in this duty; a subsequent injury; and damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element is known as the causation. It is among the most crucial elements in a medical negligence claim. To prove causation, a plaintiff must prove that they sustained their injury on the basis of probabilities as a result due to the negligence of the doctor. This can be a challenging task due to several reasons.

For instance, many injuries that are the cause of a crowley medical malpractice law firm negligence lawsuit arise from long-term or ongoing illnesses that were present prior to the time of treatment. Often, the statute of limitations for a medical malpractice claim is extended over a period of years, and injuries may develop slowly.

In these instances it can be difficult to prove that a particular medical professional's breach of the standards of care caused the injury. However, the person who was harmed could be able to use the evidence collected by the attorney, such as medical records and expert testimony.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer may ask for the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is representing the case will be required to take deposition. This is a testimony that's given under the oath. Your lawyer is able to cross-examine doctor and challenge their conclusions. The jury will then decide whether the plaintiff has proved the essential elements of their claim, which includes duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice to show that it is more than likely that the physician violated his or her duties as a doctor and that these violations caused injury. The plaintiff's lawyer has to prove this using evidence gathered through pre-trial discovery, which involves asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This process also involves swearing statements that are recorded and used at trial.

A doctor was in breach of his or her professional duty when he or she did something that a reasonable prudent doctor would not do in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia operation and then has his or her gall bladder removed instead. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within the legal time limit, known as the statute of limitations. This differs from state-to-state. The victim must prove that the negligence resulted in injury, and then show how much compensation he or her deserves.

Damages

If springfield medical malpractice lawsuit negligence has led you to sustain an injury, you have the right to be compensated. At Scaffidi & Associates, we can help you receive the full and fair compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then proceed to discovery, a procedure in which documents and statements are made public under oath. Medical records and the notes of the doctor are usually requested during discovery.

In the majority of states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things that include 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 caused by the injury. If your attorney can establish all of these elements, you will have an excellent case for financial recovery in a claim for medical malpractice.

In some instances, the court may award punitive damage that is intended to punish the wrongdoer and deter others from engaging in similar crimes. This isn't often, however, in medical malpractice cases. The courts must be able to prove evidence of malice before they are able to award these extraordinary damages.