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How to File a Medical malpractice law firms Malpractice Case

A patient who discovers that an object that is foreign like surgical clamps, remains in her body following gall bladder surgery may pursue a medical malpractice suit. A successful claim has to prove the elements of medical malpractice: duty, deviance from this duty and direct cause.

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 person who suffered the injury or an attorney. This could be a spouse, adult child or parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. In a medical negligence case, the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health care professional.

Malpractice cases usually involve the testimony of experts. Medical experts are required to provide evidence to prove that the health care provider did what was required of treatment in their particular field of expertise. They also have to testify to the harm resulting from the doctor’s actions or inactions.

The consequences of negligence and malpractice can be severe. An incorrect diagnosis can lead to serious consequences, including a life-threatening condition. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements in a malpractice case: a duty owed to the patient by the physician and a breach of this duty; injury caused by the breach and the consequential damages. In certain states, such as New York, the law places a limit on the amount that can be awarded in the malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important elements in medical malpractice cases. To prove causation, the plaintiff must show that they suffered their injury on the balance of probabilities due to of the negligence of the doctor. This can be a difficult task for several reasons.

For example, many injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing illnesses that were in the process of being treated prior to. Often, the statute of limitations for a medical negligence claim extends over a number of years and the injuries can develop gradually.

In these cases it is necessary to prove that a medical professional's breach of the standard of care which led to the injury is not easy. However, the patient who was hurt might be able use evidence collected by the attorney, including medical records and expert testimony.

During the discovery process, which is a component of the legal procedure prepping for trial, your lawyer could request the disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor defending the lawsuit will then be asked to testify during deposition, which is testimony given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the elements of the case including breach of duty and causation.

Negligence

When a medical negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and those breaches caused injuries. The plaintiff's lawyer has to demonstrate this by presenting evidence through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, where statements are made under oath and recorded to be used at trial, are also part of this procedure.

A doctor was in breach of his or her professional duty in the event that he or her did something that a reasonable prudent doctor would not do in the same circumstances. It must be proven that the breach caused injury directly to the patient. This is known as causation or proximate causes. For example an individual goes to the hospital for a hernia surgery and then has his or his gall bladder removed instead. This is medical negligence since the removal did not benefit the patient.

Medical malpractice suits must be filed within a legal time limit, known as the statute of limitations. This is different from state to state. The injured patient must establish that the negligent care resulted in injury, and then he or she must show how much compensation he or her deserves.

Damages

You deserve to be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you get fair and complete compensation for your losses.

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

In most states, to receive compensation for injuries sustained by malpractice, you need to establish four elements: a duty of care that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can prove all of these elements, you will have an excellent case for financial recovery in a claim for medical malpractice.

In some cases, the court may give punitive damages which is intended to punish the wrongdoer and deter others from engaging in similar acts. This is not the norm however, in medical malpractice cases. The courts must have a clear evidence of intent to commit a crime before they are able to award these extraordinary damages.