How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps inside her body after gall bladder surgery could file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical malpractice lawyer malpractice: duty, deviance from the duty, and direct reason.

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

Cause of Injury

A medical malpractice claim can be filed by the injured patient or by a person legally appointed to act on their behalf. Depending on the circumstances this could be a spouse of the patient, an adult child or parent, a guardian ad-litem or administrator or executor of the estate of the deceased patient. The plaintiff in a lawsuit for medical malpractice is the health care provider. This could be an accredited doctor, nurse or therapist.

Malpractice cases typically involve many expert witnesses. Medical experts are required to testify as to whether the healthcare provider acted within the standard of treatment in their specific area of expertise. They must also testify about the injury caused by the doctor's actions or actions or.

Accidents caused by negligence or mistakes can be catastrophic. A misdiagnosis can have serious consequences, like life-threatening conditions. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

In order to prove a malpractice claim the patient must demonstrate four legal elements: medical malpractice lawyer a duty the doctor huenhue.net owed them; a breach in this duty; a resultant injury and damages. In certain states like New York the law limits the amount of money awarded in a malpractice case.

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 the injury was caused by a physician's negligence. This can be a difficult task due to a variety reasons.

For instance, many injuries that are the basis of a medical malpractice lawsuit are the result of long-term or ongoing illnesses that were present prior to the time of treatment. The time period for filing a medical malpractice case could be extended over several years, and injuries can develop slowly.

In these instances, it is difficult to prove that a certain ocean springs medical malpractice Attorney professional's breach of the standard of care led to the injury. However, the aggrieved patient may be able to use the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is part of the legal process for prepping for trial, your lawyer can request the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the lawsuit will be called to testify during depositions, which are testimony under the oath. Your lawyer can cross-examine the doctor and contest their conclusions. The jury will decide if the plaintiff has proven the elements of the case which include breach of duty, breach and causation.

Negligence

When a medical malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and those breached duties caused injury. The attorney representing the plaintiff must be able to prove this by utilizing evidence gathered during pretrial discovery. This involves soliciting documents, including medical records and other records from all parties in a lawsuit. The process also involves the recording of sworn statements and used at trial.

A doctor breached his or her professional duty when he/she did something that a reasonable prudent physician would not do in the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For instance when a patient is taken to the hospital for a hernia surgery and then has his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally prescribed period of time, also known as the statute of limitations that varies from state to state. The injured patient must establish that the substandard care caused injury, and then prove how much monetary compensation they are entitled to.

Damages

If medical negligence caused you to sustain an injury, you have the right to be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties then engage in discovery. This is a process where documents and evidence are revealed under oath. Medical records and notes of the doctor are usually requested during discovery.

In many states, to receive compensation for injuries sustained by malpractice, you have to prove four things: a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages resultant from the injury. If your attorney can demonstrate all of these elements of a medical negligence claim, you will have a convincing case.

In some instances the court can award punitive damages, which are intended to punish the offender and deter others from engaging in the same conduct. This is rare, however, in medical malpractice cases. The courts must have a clear evidence of malice before they can give these extraordinary damages.