How to File a Medical Malpractice Case

A patient who discovers an object foreign to her, such as surgical clamps, remains in her body after gall bladder surgery can pursue a medical malpractice suit. A successful claim must demonstrate the elements of Moses Lake Medical Malpractice Lawyer negligence: duty, deviation from this duty and the direct cause.

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

The reason for injury

A medical malpractice lawsuit can be filed by the injured person or an attorney. Based on the specific circumstances, this may be the spouse of the patient or an adult child parent, a guardian ad litem, or the administrator or executor of the estate of the patient who died. The plaintiff in a lawsuit for medical malpractice is the health professional. This could be an accredited doctor, nurse or therapist.

The majority of cases involving malpractice involve many expert witnesses. Medical experts are required to testify on whether or the niagara falls medical malpractice lawyer professional was in compliance with the standard of care in their specific field. They must also testify regarding the injury caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. For example, a mistake in the diagnosis of a health problem could result in life-threatening consequences. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice claim which include a duty to the patient by the physician and a breach of that duty; an injury caused by the breach; and the resulting damages. In some states such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element, also known as causation, is one of the most important aspects of medical malpractice cases. To prove causation, a plaintiff must demonstrate that they suffered their injury based on a balance of probabilities as a result due to the negligence of the doctor. This can be a difficult task due to a variety reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit result from long-term or ongoing illnesses that existed before treatment began. The time period for filing a medical malpractice case could be extended over a period of time and injuries can develop slowly.

In these instances, it is difficult to prove that a specific medical professional's breach of the standards of care caused the injury. However, the aggrieved patient could be able to use the evidence gathered by the attorney, including medical documents and expert testimony.

During the discovery process, which is a part of the legal procedure preparation for trial, your lawyer will seek disclosure of expert testimony and other documents from the defense attorneys of the defendants. The doctor who is defending the lawsuit will be required to testify in deposition, which is the testimony 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 all the elements of the case, including duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and that the violations caused injury. The attorney representing the plaintiff must prove this by using evidence obtained during discovery. This includes seeking documents, such as medical records and other records from all parties in the lawsuit. The process also involves sworn declarations that are recorded and used at trial.

A doctor violated his or her professional obligations in the event that he or her did something that a prudent doctor would not do in the same circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is known as causation or the proximate cause. For example when a patient is taken to the hospital for a procedure to treat a hernia and ends up having his or her gall bladder removed instead. This is medical negligence because the procedure did not benefit the patient.

Medical malpractice lawsuits must be filed within the legal period, referred to as the statute of limitations. This is different from state to state. The patient who was injured must prove that the substandard treatment resulted in injury, and after that they have to prove the amount of compensation they're entitled to.

Damages

You are entitled to compensation for any injuries you have suffered as a result of medical negligence. At Scaffidi & Associates, we can help you receive an adequate and fair amount of compensation for your losses.

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

In the majority of states, you must establish four elements to be compensated for injuries incurred by medical malpractice: a duty owed by the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your attorney can demonstrate all of these aspects of a medical negligence claim, you'll have a strong case.

In some instances, courts can award punitive damages, which are intended to punish the wrongdoer and deter others from engaging in the same conduct. This is rare however, in lawrence medical malpractice lawsuit malpractice cases. The courts must be able to prove evidence of malice before they are able to decide to award these extraordinary damages.