How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps within her body following gall bladder surgery could bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Cause of Injury

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

Expert testimony is often required in malpractice cases. Medical experts are required to testify whether or the medical professional adhered to the standards of care for their particular field. They must also testify regarding the injury that was caused by the physician's actions or actions or.

Injury caused by negligence and negligence can be very serious. An incorrect diagnosis can lead to serious consequences, including a life-threatening condition. Other kinds of injuries include operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice case which include a duty to the patient by the doctor and a breach of that obligation; an injury resulting by the breach and the resulting damages. In certain states like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

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

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

In these cases, it is difficult to prove that a particular medical professional's violation of the standard of care caused the injury. The attorney could have gathered evidence, like expert testimony and medical records, that the injured patient may use.

During the discovery process that is part of the legal process for preparation for a trial, your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be asked to give evidence during depositions, which are testimony that is under an oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will then decide if the plaintiff has proven the necessary elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice to show that it is likely that the doctor acted in violation of his or her responsibilities as medical professional and that these actions led to injury. The plaintiff's attorney has to prove this by using evidence collected during discovery. This involves requesting documents, including medical records as well as other documents from all parties in the lawsuit. This also includes sworn declarations that are recorded and used at trial.

A doctor violated his or her professional duty in the event that he or her did something that a reasonably prudent physician would not do in similar circumstances. It must be established that the breach caused the injury directly to the patient. This is referred to as causation or proximate cause. For instance the patient is admitted to the hospital for a hernia procedure and then has his or the gall bladder removed instead. This is muscatine medical malpractice lawyer malpractice since the removal of the gall bladder did not benefit the patient.

hialeah gardens medical Malpractice attorney malpractice lawsuits must be brought within a legally-defined period of time, referred to as the statute of limitations that varies from state to state. The person who has suffered injury must prove that the negligence caused injury and then demonstrate the amount of compensation he or she is entitled to.

Damages

If oak island medical malpractice attorney negligence has caused you to suffer a traumatic injury, you have the right to be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation for your loss.

The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then proceed to discovery, a procedure in which documents and statements are disclosed under oath. During discovery medical records and notes from a doctor will usually be requested.

In most states, in order to receive compensation for injuries caused by negligence, you must to prove four things that include a duty of care 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 attorney can establish all of these elements, you can make a a strong case for financial compensation in a medical negligence claim.

In certain instances, a court may make punitive damages available, which are intended to penalize the wrongdoer and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases, as courts require specific proof of malice to give these extraordinary awards.