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How to File a medical malpractice law firms Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps within her body after gall bladder surgery may file a lawsuit for medical negligence. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from this duty and direct reason.

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

The reason for injury

A medical malpractice lawsuit can be filed by the person who suffered the injury or an attorney. Based on the circumstances, this may be the spouse of the patient or an adult child parent, a guardian ad litem, or the executor or administrator of the estate of the patient who died. The defendant in a medical malpractice lawsuit is the health care provider. It could be an accredited doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts must testify as to whether or whether the health professional adhered to the standards of care for their particular field. They also need to testify on injuries caused by doctor's actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. For example, a mistake in the diagnosis of a health issue could result in life-threatening consequences. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case that include a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach; and the resulting damages. In certain states, like New York, the law places a limit on the amount that can be awarded for the malpractice claim.

Causation

The injury element, also known as causation, is one the most important elements in a medical malpractice case. To prove causation, the plaintiff must prove that their injury was caused by the physician's negligence. This is a difficult task due to a variety reasons.

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

In these cases the proof that a medical professional's failure to adhere to the standard of care and led to the injury is difficult. However, the patient who was hurt may be able to use evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery process, which is a component of the legal procedure for prepping for trial, your lawyer could seek disclosure of expert testimony and other documents from the lawyers of the defendants. The doctor who is representing the case will be required to testify in deposition. This is a declaration which is under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince the jury in a case of medical malpractice in court, that it is more than likely that the doctor acted in violation of his or her duties as medical professional and that these mistakes led to injuries. The plaintiff's lawyer must demonstrate this by presenting evidence through pretrial discovery, which involves seeking disclosure of documents, which includes medical records from all parties who are involved in the lawsuit. This process also involves the recording of sworn statements and used at trial.

A doctor violated his or her professional obligations when he or she did something that a reasonably prudent doctor would not do in the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. For example when a patient is taken to the hospital for a hernia surgery and ends up having his or the gall bladder removed instead. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within a certain time limit, known as the statute of limitations. This varies from state to state. The patient who is injured must prove that the substandard care caused 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 full and fair 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 engage in discovery. This is a process in which documents and declarations are disclosed under oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, you need to demonstrate four elements in order to be compensated for injuries incurred by medical malpractice such as a duty due to the healthcare provider; a breach of that duty; a causal relationship between the breach and the patient's injury and the damages that result from the injury. If your lawyer can prove all of these elements, you have an excellent case for financial recovery in a claim for medical malpractice.

In certain instances the court might give punitive damages that is intended to punish the perpetrator and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases, because the courts require precise proof of malice before they can give these extraordinary awards.