How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps in her body following gall bladder surgery may file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical negligence: duty, deviation from the duty, and direct cause.

It is important for our clients to establish a direct causal connection between the breach of duty and the injury which is referred to as proximate cause.

The reason for injury

A medical malpractice claim can be filed by the person who has been injured or by a person legally appointed to act on their behalf. It could be the spouse, adult child guardian, parent or administrator of a deceased patient's estate, depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a doctor, nurse or therapist, or any other licensed health professional.

Expert testimony is usually required in malpractice cases. richmond medical malpractice law firm experts are required to testify whether or whether the health professional followed the standard of care for their specific area. They also have to testify to the harm caused by the actions or inactions of the doctor.

The consequences of malpractice and negligence can be very severe. For instance, a misdiagnosis of a medical condition could have life-threatening consequences. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice claim which include a duty to the patient by the doctor and a breach of that obligation; a harm caused by the breach; and resulting damages. In certain states like New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element, also known as causation, is among the most crucial elements in medical malpractice cases. To prove causation, the plaintiff must demonstrate that they suffered an injury based on a balance of probabilities as a result of the negligence of a physician. This is a challenging task for several reasons.

Many of the injuries that are the basis of a medical negligence lawsuit result from long-term illnesses or illnesses that existed before treatment began. The time-limit for medical malpractice cases can be extended over a period of time and the development of injuries can happen slowly.

In these cases the proof that a medical professional's breach of the standard of care led to the injury is not easy. The attorney could have gathered evidence, including medical records and expert testimony, that the injured patient can utilize.

In the discovery process, which is a part of the legal procedure for prepping for a trial your attorney can request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is representing the case will be asked to appear in deposition. This is a statement that is made under oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the necessary elements of their case such as breach of duty, Clinton Medical Malpractice Lawsuit causation, breach of duty and injury.

Negligence

If a medical malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician did not perform his or her professional duties and that those breaches caused injury. The plaintiff's lawyer must demonstrate this through evidence gathered during pretrial discovery. This includes 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 violated his or her professional obligations if he or she did something that a reasonable prudent doctor would not do in the same circumstances. It must be established that the breach caused injury directly to the patient. This is known as causation or proximate cause. Patients may visit the hospital to have a hernia repaired, but end up having their gall bladder removed. This is hopkins medical malpractice lawsuit negligence as the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations, that varies from state to state. The victim must prove that the negligent care caused injury and then show how much compensation they are entitled to.

Damages

If medical negligence has caused you to suffer an injury, you have the right to be compensated. Scaffidi & Associates 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 along with summons and other papers on all defendants. The parties then participate in discovery, in which documents and statements are revealed under oath. During discovery medical records and doctor's notes will typically be sought.

In most states, in order to be eligible for compensation for injuries incurred through malpractice, you need to prove four things that include a duty of care owed by the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resulting from the injury. If your lawyer can prove all of these elements, you can make a an argument for financial recovery in a claim for medical malpractice.

In some instances the court might give punitive damages that is intended to punish a wrongdoer, and deter others from engaging in similar crimes. However, this isn't the norm in medical malpractice cases because the courts require specific proof of malice to award these extraordinary awards.