There s A Good And Bad About Medical Malpractice Settlement

How to File a Medical Malpractice Case

A patient who finds an object foreign to her body, such as surgical clamps within her body following gall bladder surgery can sue for medical negligence. A successful lawsuit must establish the elements of medical malpractice: duty, deviance from the norm and direct cause.

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

The reason for injury

A medical malpractice claim can be filed by the injured person or a person legally designated to act on their behalf. This can be the spouse or adult child guardian, parent or administrator of the estate of a deceased patient depending on the specific circumstances. In a case involving medical malpractice the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Malpractice cases usually require an abundance of expert testimony. Medical experts must be able to prove whether or not the health care provider followed the standard of care for their particular field. They also have to testify to the harm resulting from the doctor's actions or inactions.

The consequences of malpractice and negligence can be extremely serious. A misdiagnosis could have grave consequences, such as a life-threatening condition. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

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

Causation

The injury element is known as the causation. It is one of most crucial elements in a medical negligence claim. To prove causation the plaintiff must prove that they suffered their injury based on a balance of probabilities as a result of the negligence of the doctor. This can be a difficult task for a number of reasons.

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing ailments that were in the process of being treated prior to. The statute of limitations on a medical malpractice lawsuit can be extended over several years and injuries can develop slowly.

In these cases, it is difficult to prove that a specific medical professional's violation of the standard of care led to the injury. The attorney may have gathered evidence, such as expert testimony and medical records, that the injured patient may use.

During the discovery process, which is an integral part of the legal procedure for getting ready for trial, your lawyer could seek disclosure of expert testimony and other documents from lawyers representing the defendants. The doctor who is defending the lawsuit will then be asked to give evidence during deposition, which is testimony that is under oath. Your lawyer can challenge doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the essential elements of their case including obligation, breach, causation and injury.

Negligence

If a medical malpractice lawsuit is filed the plaintiff has to convince the jury that it was more likely than not that the doctor did not perform his or her professional duties and medical Malpractice law firms that those breached duties caused injuries. The plaintiff's attorney has to demonstrate this through evidence gathered during pretrial discovery. This includes seeking documents, such as medical records from all parties involved in a lawsuit. Depositions, in which the statements are made under oath and recorded for trial, are also part of this procedure.

A doctor has violated his or her professional obligations if he or she did something that a reasonably prudent doctor would not do in the same circumstances. It must be proved that the breach resulted in injury directly to the patient. This is referred to as causation, or proxy causes. A patient may go to the hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.

Medical Malpractice Law Firms malpractice suits must be filed within a specific legal time frame, also known as the statute of limitations. This is different from state to state. The injured patient has to prove that the negligent treatment caused injury, and then they must prove what monetary compensation they are entitled to.

Damages

You deserve to be compensated for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation for your losses.

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 engage in discovery. This is a process which involves the disclosure of documents and statements disclosed under the oath. During discovery medical records and notes from a doctor will usually be requested.

In the majority of states, to receive compensation for injuries sustained through malpractice, you need to prove four things including a duty of good faith due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages resultant from the injury. If your lawyer can demonstrate all of these aspects of a medical negligence claim, you will have a convincing case.

In certain cases courts may award punitive damages, which are designed to punish the wrongdoer and deter others from committing the same offense. But, this isn't often the case in medical malpractice cases because the courts require specific proof of malice to make these extraordinary awards.