How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign, such as surgical clamps, remains inside her body after gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

The reason for injury

A medical malpractice claim can be filed by the person who suffered the injury or a legal representative. This could be a spouse, adult child guardian, parent or administrator of the estate of a deceased person depending on the circumstances. The defendant in a medical malpractice lawsuit is the health professional. It could be an accredited doctor, nurse or therapist.

Malpractice cases usually involve the testimony of experts. tinley park medical malpractice attorney experts are required to testify whether or the medical professional was in compliance with the standard of care for their particular area of expertise. They also have to testify to the harm caused by the actions or inactions of the doctor.

The consequences of negligence and mistakes can be devastating. An incorrect diagnosis can lead to serious consequences, like a life-threatening condition. Other types of injuries could include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

To prove a malpractice case the patient must prove four legal elements: a duty that the doctor owed them; a breach of this duty; a resultant injury; and damages. In some states, such as New York, the law places a limit on the amount of money that could be awarded in an injury resulting from a malpractice claim.

Causation

The injury element is called the causation. It is one of most crucial aspects in a moundsville medical malpractice lawyer malpractice claim. To prove causation, the plaintiff must prove that the injury was the result of the doctor's negligence. This is a difficult task due to a variety reasons.

For instance, many injuries that are the basis of a medical malpractice lawsuit stem from long-term, or ongoing ailments that were present prior to treatment. Often, the statute of limitations for a claim involving medical malpractice is extended over a period of years and the injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's failure to adhere to the standard of care and led to the injury is not easy. The attorney could have collected evidence, like medical records and expert testimony, that the injured patient can utilize.

During the discovery procedure that is part of the legal process for the preparation of a trial your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be asked to take deposition. This is a statement that is made under the oath. Your lawyer will be able to cross-examine doctor and contest their findings. The jury will then decide if the plaintiff has established the essential elements of their case such as duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury when filing a claim for Chapel Hill Medical Malpractice Attorney malpractice, that it is likely that the doctor acted in violation of his or her obligations as a physician and that those violations caused injury. The plaintiff's lawyer must prove this by using evidence obtained during discovery. This includes seeking documents, such as medical records, from all parties involved in the lawsuit. Depositions, in which statements are made under oath, and recorded for use at trial, are also part of this process.

A doctor has violated their professional obligation by doing something that a reasonable and prudent doctor would not have done in similar circumstances. However it must be proved that the breach directly caused injury to the patient. This is called causation or causal proximate causes. A patient may go to the hospital in order to repair a hernia, however, they end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally prescribed time frame, known as the statute of limitations which is different for each state. The injured patient has to prove that the substandard treatment caused injury, then they must show what compensation they deserve.

Damages

You should be compensated for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can help you receive full and fair 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 are involved in discovery. This is a procedure in which documents and declarations are made public under the oath. Medical records and notes of the doctor are usually requested during discovery.

In the majority of states, you need to prove four things in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider and a breach of that duty; a causal link between the breach and the patient's injury and the damages that result from the injury. If your attorney can establish all of these elements, you can make a a strong case for financial compensation in a claim for medical malpractice.

In certain instances courts may decide to award punitive damages. These are intended to punish the perpetrator and discourage others from engaging in similar misconduct. This is not the norm however, in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to award these extraordinary damages.