How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps in her body following gall bladder surgery could make a claim for medical malpractice. A successful lawsuit must establish the elements of medical negligence: duty, deviation from this duty and direct reason.

It is vital for our clients to establish a direct causal connection between the breach of duty and the injury which is referred to as proximate cause.

Causes of Injury

A medical malpractice case can be filed by the person who has been injured or a person who is legally authorized to represent them. Depending 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 deceased patient. In a medical malpractice case, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health professional.

Expert testimony is typically required in cases of malpractice. Medical experts are required to testify on whether or not the health care provider was in compliance with the standard of care in their specific field. They also have to testify to the harm resulting from the doctor’s actions or inactions.

Injuries that result from malpractice or negligence can be very severe. A misdiagnosis could have grave consequences, including an illness that could be life-threatening. Other types of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

In order to establish a malpractice claim the patient must prove four legal elements: a duty the physician owed to them; a breach of this duty, resulting injury; and damages. In certain states, such as New York the law limits the amount of money that can be awarded for a malpractice case.

Causation

The injury element, also referred to as causation, is among the most important elements in a medical malpractice case. To prove causation, the plaintiff must show that they sustained their injury on a balance of probabilities due to of the negligence of a physician. This is a difficult job due to a variety of reasons.

For example, many injuries that are the subject of a prairie du chien medical malpractice lawsuit-malpractice lawsuit stem from long-term or ongoing conditions that were in the process of being treated prior to. Often the statute of limitation for a medical malpractice lawsuit extends over a variety of years and the injuries may develop slowly.

In these situations it is often difficult to prove that one particular medical professional's failure to adhere to the standards of care caused the injury. However, the person who was harmed might be able use the evidence collected by the attorney, such as medical documents and expert testimony.

During the discovery process, which is a part of the legal process for prepping for trial, your lawyer may request the disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is representing the case will be required to give a deposition. This is a declaration which is under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established the facts of the case including breach of duty and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the doctor committed a breach of professional duties and that the breached duties caused injury. The attorney representing the plaintiff must demonstrate this through evidence gathered during discovery. This includes the request of documents, including Auburn medical malpractice Attorney records, from all parties involved in a lawsuit. This also includes swearing statements that are recorded and used in trial.

A doctor has breached their professional obligation if they did something reasonable and prudent doctors would not have done in the same circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is referred to as causation or proximate causes. A patient may visit the hospital to repair a hernia, but instead end up having their gall bladder removed. This is medical negligence since the removal did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated time frame, known as the statute of limitations which is different for each state. The injured patient must establish that the negligence caused injury and then he or she must prove how much monetary compensation he or her deserves.

Damages

You deserve to be compensated for any injuries that you've suffered due to colville medical malpractice law firm negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties participate in discovery. This is a procedure which involves the disclosure of documents and statements presented under an oath. During discovery, medical records and notes from a doctor are typically requested.

In most states, in order to receive compensation for injuries caused by malpractice, you need to prove four things that include a duty of care that is due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resulting from the injury. If your lawyer can prove all of these elements, you have a strong case for financial recovery in a medical negligence claim.

In some instances the court could make punitive damages a possibility that is designed to punish the wrongdoer and discourage others from committing similar conduct. However, this isn't the norm in medical malpractice cases, as courts require precise proof of malice before they can award these awe-inspiring awards.