How to File a Medical Malpractice Case

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

It is essential for our clients to establish a direct link between the breach of duty and the damage called proximate causation.

Cause of Injury

A medical negligence case may be filed by the person who has been injured or a legal person to represent them. Depending on the circumstances it could 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 medical malpractice lawsuit is the health professional. This could be a doctor, nurse or therapist, or any other health care professional.

Expert testimony is usually required in malpractice cases. Medical experts must be able to testify that the healthcare provider performed his duties in accordance with the standard of medical care within their special area of expertise. They must also testify to the damage caused by the doctor’s actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. An incorrect diagnosis can lead to serious consequences, including an illness that could be life-threatening. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

In order to establish a malpractice case, the patient must prove four legal elements: a duty that the doctor owed them; a breach in the breach; a resulting injury and damages. In some states, like New York, the law places a limit on the amount of money that can be awarded for an action for Vimeo.Com malpractice.

Causation

The injury element is known as the causation. It is among the most important aspects in a medical malpractice claim. To establish causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This is a difficult task due to a variety reasons.

Many of the injuries that are the basis of a medical negligence lawsuit result from chronic conditions that existed prior to when treatment started. Often the statute of limitations for a medical malpractice lawsuit extends over a variety of years, and the injuries can develop gradually.

In these cases the proof that a medical professional's breached the standard of care led to the injury is not easy. The attorney may have collected evidence, like medical records and expert testimony which the injured patient can utilize.

In the discovery process as part of the legal process the preparation of a trial your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is defending the case will be asked to give deposition. This is a testimony which is under an oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will decide whether the plaintiff has proved the facts of the case including breach of duty, breach of contract and causation.

Negligence

When a bristol medical malpractice lawyer negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breached duties caused harm. The lawyer for the plaintiff must demonstrate this with evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for trial, are also a part of this process.

A doctor was in breach of his or her professional obligation when he/she did something that a prudent physician would not do in the same circumstances. It must be proven that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. For example the patient is admitted 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 removal did not benefit the patient.

Medical malpractice suits must be filed within a legal timeframe, also known as the statute of limitations. This varies from state to state. The person who suffered the injury must demonstrate that the treatment was substandard and resulted in injury, and after that they must establish what compensation they deserve.

Damages

You deserve to be compensated for any injuries you have 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 an order and complaint on all named defendants in the lawsuit. The parties then participate in discovery, a process in which documents and statements are revealed under oath. During discovery west haven medical malpractice law firm records and doctor's notes are usually requested.

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

In certain instances the court could award punitive damage which is intended to punish the perpetrator and discourage others from committing similar conduct. However, this isn't the norm in medical malpractice cases as courts require specific proof of malice to award these extraordinary awards.