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How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps within her body following gall bladder surgery can bring a lawsuit against a doctor for medical negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this obligation, direct cause and injury.

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

Cause of Injury

A medical malpractice claim may be filed either by the victim or a legal representative. This could be a spouse, adult child guardian, parent or administrator of an estate belonging to a deceased patient, based on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a doctor, nurse, therapist or any other health professional.

Expert testimony is often required in malpractice cases. Medical experts must testify as to whether the healthcare provider was acting in accordance with the standards of treatment in their specific area of expertise. They also have to testify to the harm caused by the actions or inactions of a doctor.

The injuries that result from malpractice and negligence can be extremely serious. For instance, a wrong diagnosis of a health condition can have life-threatening consequences. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

In order to establish a malpractice claim the patient must demonstrate four legal elements: a duty the physician owed to them; a breach in the breach; a resulting injury and damages. In certain states, such as New York, the law sets a limit on the amount of money that can be awarded for an action for malpractice.

Causation

The injury element, also known as causation, is one of the most crucial elements in a medical malpractice case. To prove causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This is a challenging job due to various reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing ailments that were in the process of being treated prior to. The statute of limitations on a medical malpractice lawsuit can be extended over a period of time and injuries can develop slowly.

In these instances it is often difficult to prove that a specific medical professional's failure to adhere to the standard of care led to the injury. The attorney could have gathered evidence, including medical records and expert testimony which the injured patient can utilize.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer can request disclosure of expert testimony and other documents from lawyers of the defendants. The doctor defending the lawsuit will then be asked to testify during depositions, which are the testimony under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has established the essential elements of their case, including obligation, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when filing a claim for medical malpractice, that it is more than likely that the doctor did not fulfill his or her obligations as a doctor and that these breaches resulted in injury. The plaintiff's lawyer must be able to prove this by utilizing evidence collected during discovery. This includes soliciting documents, including medical malpractice law Firm; www.mallangpeach.com, records as well as other documents from all parties in a lawsuit. Depositions, wherein statements are made under oath and recorded for use at trial, are also a part of this procedure.

A doctor has breached their professional obligation in the event that they did something an ordinary prudent doctor would not have done under similar 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. Patients may visit a hospital to repair a hernia, and instead, have their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally defined time frame, known as the statute of limitations which varies according to the state. The patient who was injured must prove that the substandard treatment resulted in injury, and after that they must prove what monetary compensation they deserve.

Damages

You should be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your loss.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then proceed to discovery, a process in which documents and statements are made public under oath. During discovery medical records and doctor's notes will usually be requested.

In most states, to receive compensation for injuries sustained by negligence, you must to prove four things including a duty of good faith that is due to the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages resultant from the injury. If your attorney can demonstrate all of these elements in a medical malpractice claim, you'll have an impressive case.

In some cases the court can make punitive damages a possibility, which is meant to penalize a wrongdoer and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases, as courts require precise proof of malice before they can give these extraordinary awards.