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How to File a medical malpractice lawsuits Malpractice Case

A patient who discovers that an object foreign to her like surgical clamps, remain inside her body after gall bladder surgery can pursue a medical malpractice suit. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct causes, and injury.

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

Cause of Injury

A medical malpractice lawsuit can be filed either by the person who suffered the injury or an attorney. This can be the spouse, adult child or parent, guardian or administrator of an estate belonging to a deceased patient, depending on the circumstances. In a case involving medical malpractice the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health professional.

Malpractice cases usually require an abundance of expert testimony. Medical experts must provide evidence to prove that the medical professional performed his duties in accordance with the standard of medical care within their special area of expertise. They also have to testify to the damage caused by the actions or inactions of a doctor.

The consequences of negligence and malpractice can be severe. An incorrect diagnosis can lead to serious consequences, such as a life-threatening condition. Other types of injuries could include operating on the wrong part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case the duty owed to the patient by the physician and a breach of that duty; injury caused by the breach and the resulting damages. In certain states, like New York the law limits the amount of money awarded in a case of malpractice.

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 demonstrate that they suffered their injury on the balance of probabilities due to of the physician's negligence. This can be a challenging task due to a variety of reasons.

Many of the injuries that form the basis for a medical negligence lawsuit stem from long-term or ongoing illnesses that existed before treatment began. Often, the statute of limitations for a medical malpractice claim is extended over a period of years, and injuries can develop gradually.

In these situations it can be difficult to prove that a specific medical professional's breach of standards of care caused the injury. However, the patient who is afflicted may be able to use the evidence gathered by the attorney, including Medical malpractice law firms documents and expert testimony.

In the discovery process which is an element of the legal procedure for preparing for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the case will be required to give deposition. This is a statement that's given under an oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated that the allegations of the case are true including breach of duty and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice to show that it is likely that the doctor violated his or her responsibilities as physician and that the mistakes led to injuries. The plaintiff's attorney has to demonstrate this through evidence obtained during discovery. This includes soliciting documents, including medical records, from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use at trial, are also a part of this procedure.

A doctor has violated their professional duty by doing something that reasonable and prudent doctors would not have done in similar circumstances. However, it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. A patient might visit the hospital to repair a hernia, but end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice suits must be filed within a legal time frame, also known as the statute of limitations. This varies from state to state. The person who suffered the injury must show that the inadequate treatment caused injury, then they must prove what monetary compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your losses.

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 engage in discovery. This is a procedure which involves the disclosure of documents and statements made public under the oath. During discovery, medical records and doctor's notes are usually requested.

In most states, to receive compensation for injuries caused through malpractice, you need to establish four elements such as a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages caused by the injury. If your lawyer can prove all of these elements, you can make a an extremely strong case for financial compensation in a medical negligence claim.

In some instances the court could award punitive damage, which is meant to punish the perpetrator and discourage others from committing similar conduct. However, this is not the norm in medical malpractice cases since courts require evident proof of malice in order to award these awe-inspiring awards.