How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, remains inside her body following gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.

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

Cause of Injury

A medical malpractice claim can be initiated by the patient who was injured or a legal person to represent them. It could be the spouse, adult child or parent, guardian or administrator of an estate belonging to a deceased patient, based on the circumstances. The plaintiff in a lawsuit for medical malpractice is the health professional. This could be a licensed nurse, doctor or therapist.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts are required to testify whether or the medical professional adhered to the standards of treatment for their specific area. They also have to testify about injuries caused by doctor's actions or inactions.

Injuries resulting from malpractice and negligence can be very severe. For example, a mistake in the diagnosis of a health problem could cause life-threatening complications. 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 the duty owed to the patient by the doctor or a breach of the duty; an injury caused by the breach; and the resulting damages. In certain states, such as New York, the law sets a limit on the amount of money that can be awarded for the malpractice claim.

Causation

The injury element is called the causation. It is one of most crucial aspects in a medical malpractice claim. To prove causation, the plaintiff must demonstrate that they suffered an injury based on a balance of probabilities due to of the negligence of the doctor. This can be a difficult job due to a variety of reasons.

For instance, many of the injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were already in the process of being treated prior to. The time period for filing a medical malpractice lawsuit can be extended for a number of years and injuries may develop slowly.

In these cases it is difficult to prove that a medical professional's breach of the standard of care that led to the injury is difficult. However, the person who was harmed could be able to use evidence collected by the attorney, like medical records and expert testimony.

During the process of discovery that is part of the legal process for prepping for a trial your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is representing the case will be required to take deposition. This is a declaration that's given under an oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will decide then if the plaintiff has proved the essential elements of their case such as duty, breach, causation and injury.

Negligence

The plaintiff must convince jurors, when bringing a claim for medical malpractice, that it is more likely that the doctor acted in violation of his or her obligations as Forest Park Medical Malpractice Attorney professional and that these breaches resulted in injury. The plaintiff's lawyer must be able to prove this by utilizing evidence gathered during pretrial discovery. This involves soliciting documents, including tennessee medical malpractice lawyer records as well as other documents from all parties in a lawsuit. Depositions, in which the statements are made under oath, and recorded for trial, are also part of this process.

A doctor has violated their professional obligation when they did something that a reasonable prudent physician 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 causes. For example the patient is admitted to the hospital for a hernia operation and then has his or the gall bladder removed instead. This is venice medical malpractice law firm malpractice because the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legal time frame, also known as the statute of limitations. This differs from state-to-state. The injured patient has to prove that the negligent treatment caused injury, and they must prove what monetary compensation they are entitled to.

Damages

If a medical error has caused you to suffer an injury, you should be compensated. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties participate in discovery. This is in which documents and declarations are presented under oath. Medical records and notes of a doctor are typically requested during discovery.

In the majority of states, to receive compensation for injuries caused by negligence, you must to prove four things: a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages resulting from the injury. If your lawyer can prove all these elements of a medical negligence claim, you'll have a strong case.

In some cases, courts can make punitive damages available, which are intended to penalize the culprit and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases as courts require clear evidence of malice to award these awe-inspiring awards.