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How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, remains in her body after gall bladder surgery may file a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

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 law Firms negligence case may be initiated by the patient who was injured or a person who is legally authorized to act on their behalf. It could be the spouse or adult child parent, guardian, or administrator of the estate of a deceased patient depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify whether or whether the healthcare provider adhered to the standards of treatment for their particular field. They must also testify regarding injuries caused by doctor's actions or inactions.

The consequences of negligence and negligence can be very serious. A misdiagnosis can have serious consequences, like the possibility of a life-threatening illness. Other types of injuries can be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

In order to establish a malpractice claim the patient has to prove four legal elements: a duty the doctor owed to them; a breach in this duty; a resultant injury; and damages. In certain states like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The element of injury is called the causation. It is one of most crucial elements in a medical malpractice claim. To prove causation, the plaintiff must demonstrate that they suffered their injury on the balance of probabilities because of the physician's negligence. This is a challenging task for several reasons.

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

In these cases it is often difficult to prove that a certain medical professional's failure to adhere to the standard of care led to the injury. However, the patient who is afflicted might be able use evidence collected by the attorney, like medical documents and expert testimony.

During the discovery process, which is a part of the legal procedure getting ready for trial, your lawyer will seek disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the lawsuit is then asked to testify during a deposition, which is testimony given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff has proven that the allegations of the case are true which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice that it is more likely that the doctor acted in violation of his or her duties as a doctor and that these mistakes led to injuries. The plaintiff's lawyer must demonstrate this through evidence obtained during discovery. This involves soliciting documents, including medical records, from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded to be used at trial, are also part of this process.

A doctor Medical Malpractice Law Firms violated his or her professional duty if he or she did something that a reasonably prudent physician would not do under similar circumstances. However it must be established that the breach directly caused the injury to the patient. This is known as causation or causal proximate causes. Patients may visit the hospital to repair a hernia, however, medical malpractice law firms they end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, called the statute of limitations which is different for each state. The victim must show that the inadequate treatment caused injury, and they must show what compensation they deserve.

Damages

You are entitled to compensation for any injuries that you've suffered as a result of medical negligence. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your loss.

The first step in a lawsuit is to file and serve a complaint along with summons and other papers on all defendants. The parties then begin discovery, in which documents and statements are made public under the oath. During discovery, medical records and doctor's notes are typically requested.

In most states, you need to prove four things in order to be compensated for injuries caused by medical malpractice that is a duty owed by the healthcare provider; a breach of that duty; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you'll have a convincing case.

In some cases the court could make punitive damages a possibility that is designed to penalize a wrongdoer and deter others from engaging in similar misconduct. But, this isn't often the case in medical malpractice cases, as the courts require extremely specific proof of malice to award these awe-inspiring awards.