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How to File a Medical Malpractice Case

If a patient discovers that a foreign object like surgical clamps, remains in her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from this duty and the direct cause.

It is crucial for our clients to establish a direct link between the breach of duty and the harm that is known as proximate causation.

Causes of Injury

A medical malpractice lawsuit can be filed by the injured person or by a person legally appointed to represent them. Depending on the circumstances, this may be the spouse of the patient or an adult child parent, a guardian ad-litem or administrator or executor of the estate of the patient who died. In a medical malpractice case the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to testify on whether or whether the healthcare provider adhered to the standards of treatment in their specific field. They must also testify about injuries caused by physician's actions or inactions.

The consequences of negligence and malpractice can be severe. A misdiagnosis can have serious consequences, including a life-threatening condition. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

To prove a malpractice case the patient must prove four legal elements: a duty that the doctor 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 case of malpractice.

Causation

The injury element, also referred to as causation, is among the most important aspects of medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a challenging job due to a variety of reasons.

Many of the injuries that are the basis for coconut creek medical malpractice attorney negligence lawsuits result from long-term illnesses or illnesses that existed before treatment started. The time limit for a medical malpractice case could be extended over a period of time and the development of injuries can happen slowly.

In these instances it is necessary to prove that a medical professional's breach of the standard of care and led to the injury is not easy. The attorney may have gathered evidence, including expert testimony and medical records which the injured patient can utilize.

In the discovery process, which is a part of the legal process the preparation of a trial your lawyer can request the lawyers for the defendants be made aware of expert testimony and other documents. The doctor defending the lawsuit will then be asked to testify during deposition, which is the testimony under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven all the elements of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice to show that it is more likely that the doctor violated his or her obligations as a doctor and that these violations caused injury. The plaintiff's attorney must demonstrate this using evidence collected during discovery. This includes requesting documents, including medical records and other records from all parties in a lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also part of this process.

A doctor has violated his or her professional obligations when he or she did something that a prudent doctor would not do under the same circumstances. It must be proved that the breach caused injury directly to the patient. This is called causation or the proximate cause. A patient might go to the hospital in order to have a hernia fixed, but end up having their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice suits must be filed within a specific legal period, referred to as the statute of limitations. This differs from state-to-state. The injured patient must establish that the negligent care caused injury, and then he or she must prove how much monetary compensation he or she is entitled to.

Damages

If a medical error has caused you to suffer an injury, you are entitled to be made whole. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your loss.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then engage in discovery. This is a process which involves the disclosure of documents and statements presented under an oath. covington medical malpractice attorney records and notes of the doctor are usually requested during discovery.

In most states, you need to establish four elements 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 patient's injury and the damages that result from the injury. If your lawyer can prove all these elements in a medical malpractice claim, you will have an enviable case.

In some cases, the court may give punitive damages which is intended to penalize a wrongdoer and deter others from engaging in similar acts. However, this is not the norm in medical malpractice cases, since courts require clear evidence of malice to make these extraordinary awards.