It's Time To Expand Your Medical Malpractice Settlement Options

How to File a Medical Malpractice Case

A patient who finds a foreign object such as surgical clamps in her body after gall bladder surgery can file a lawsuit for medical negligence. A successful lawsuit must establish the elements of medical negligence: duty, deviation from the norm and direct reason.

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

Cause of Injury

A medical malpractice claim may be filed either by the victim or an attorney. It could be the spouse or adult child parent, guardian, or administrator of a deceased patient's estate depending on the circumstances. In a case of medical malpractice the defendant is the health care provider. This could be a nurse, doctor or therapist, or any other health professional.

Malpractice cases usually require many expert witnesses. Medical experts must be able to prove whether or not the health care provider was in compliance with the standard of care in their specific field. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

Accidents caused by negligence or negligence can be very serious. For example, a misdiagnosis of a health issue could cause life-threatening complications. Other kinds of injuries include operating on the incorrect body part or leaving surgical instruments inside the patient.

To prove a malpractice claim the patient has to prove four legal elements: a duty the doctor owed them; a breach in the breach; a resulting injury and damages. In certain states, such as New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element is also known as the causation. It is one of most crucial aspects in a medical malpractice claim. To establish causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This is a challenging task for several reasons.

A lot of the injuries that form the basis of a medical negligence lawsuit stem from long-term or ongoing conditions that existed prior to when treatment started. The time period for filing medical malpractice cases can be extended over several years and injuries may develop slowly.

In these cases it is difficult to prove that a west lafayette medical malpractice attorney professional's failure to adhere to the standard of care led to the injury is a challenge. However, the aggrieved patient could be able to make use of the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is an integral part of the legal process for prepping for trial, your lawyer can request the disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is representing the case will be required to take a deposition. This is a declaration which is under an oath. Your lawyer is able to cross-examine doctor and challenge the doctor's findings. The jury will decide if the plaintiff has proven the facts of the case including breach of duty and causation.

Negligence

When a medical negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician violated professional obligations and that those breaches resulted in harm. The plaintiff's lawyer must show this through evidence gathered through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties involved in the lawsuit. Depositions, in which the statements are made under oath and recorded for use at trial, are also a part of this process.

A doctor was in breach of the professional duties of a doctor when he or she did something that a prudent doctor would not do in the same circumstances. It must be proved that the breach was the cause of the injury directly to the patient. This is known as causation or proximate causes. For example the patient is admitted to the hospital for a procedure to treat a hernia and is then able to have his or his gall bladder removed instead. This is medical negligence as the removal was not beneficial for the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations which varies according to the state. The person who suffered the injury must prove that the substandard treatment caused injury, and then they must establish what compensation they're entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties are involved in discovery. This is a procedure which involves the disclosure of documents and statements revealed under oath. During discovery, ossining medical Malpractice lawyer records and notes from a doctor will typically be sought.

In most states, in order to receive compensation for injuries sustained through malpractice, you need to prove four things that include a duty of care that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your lawyer can prove all of these elements, then you've got a strong case for financial recovery in a medical negligence claim.

In some instances, a court may give punitive damages, which are designed to punish the culprit and deter others from committing the same offense. However, this is rare in medical malpractice cases, as courts require precise proof of malice before they can make these extraordinary awards.