How to File a Medical Malpractice Case

A patient who finds that an object foreign to her, such as surgical clamps, remain inside her body following gall bladder surgery can file a medical malpractice lawsuit. A successful claim has to prove the elements of medical malpractice: duty, deviation from the norm and direct reason.

It is vital for our clients to establish a direct causal connection between the breach of duty and the injury called proximate causation.

The reason for injury

A medical negligence case may be initiated by the patient who was injured or a person legally designated to represent them. Depending on the circumstances, it could be the spouse of the patient, an adult child or parent, guardian ad-litem or executor or administrator of the estate of the patient who died. In a case involving medical malpractice, the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

The majority of cases involving malpractice involve an abundance of expert testimony. Medical experts are required to testify on whether or the medical professional was in compliance with the standard of care for their specific area. They also need to testify on the injury that was caused by the physician's actions or actions or.

The consequences of malpractice and negligence can be extremely serious. For example, a misdiagnosis of a health problem could have life-threatening effects. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the physician or a breach of the duty; injury caused by the breach and 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 is called the causation. It is one of most important elements in a medical negligence claim. To prove causation, the plaintiff must prove that they sustained their injury on the balance of probabilities as a result due to the negligence of the doctor. This is a challenging job due to various reasons.

For instance, a lot of injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were present before treatment began. Often, the statute of limitations for a medical malpractice claim extends over a number of years and the injuries may develop slowly.

In these instances it can be difficult to prove that a particular spokane medical malpractice lawyer professional's breach of the standards of care caused the injury. However, the patient who was hurt could be able to use evidence collected by the attorney, such as renton medical malpractice law firm documents and expert testimony.

During the discovery process, which is a part of the legal procedure preparation for trial, your lawyer can seek disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor defending the lawsuit will be called to testify during a deposition, which is testimony given under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide if the plaintiff has proven the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the doctor breached his or her professional duties and those breached duties caused harm. The attorney representing the plaintiff must demonstrate this through evidence gathered during discovery. This involves the request of documents, including medical records as well as other documents from all parties in the lawsuit. This also includes sworn declarations that are recorded and used at trial.

A doctor was in breach of his or her professional duty if he or she did something that a reasonably prudent doctor would not do in the same circumstances. It must be proven that the breach caused injury directly to the patient. This is referred to as causation or the proximate cause. For example when a patient is taken to the hospital for a hernia procedure and is later told that he or the gall bladder removed instead. This is medical negligence since the removal did not benefit the patient.

Medical malpractice suits must be filed within a certain time frame, also known as the statute of limitations. This differs from state to state. The patient who is injured must prove that the negligence caused injury and then he or she must show how much compensation he or she is entitled to.

Damages

You deserve to be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving an order and complaint on all defendants named in the lawsuit. The parties then begin discovery, in which documents and declarations are made public under an oath. Medical records and the notes of the doctor are typically sought during discovery.

In many states, to get compensation for injuries caused by malpractice, you have to prove four things including a duty of good faith that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements in a medical malpractice claim, you'll have an enviable case.

In some cases the court can give punitive damages that is intended to punish a wrongdoer, and deter others from engaging in similar acts. This isn't often however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they are able to make these extraordinary awards.