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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 could bring a lawsuit against a doctor for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.

It is essential for our clients to establish a direct link between the breach of duty and the resulting injury called proximate causation.

Cause of Injury

A medical malpractice lawsuit can be filed by the injured patient or a legal person to represent them. This can be the spouse, adult child or parent, guardian or administrator of the estate of a deceased patient, 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 care professional.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to be able to testify that the health care provider did what was required of medical care within their specific area of expertise. They must also testify regarding the injury caused by the physician's actions or actions or.

Injuries that result from malpractice or negligence can be very severe. For instance, a wrong diagnosis of a health issue could result in life-threatening consequences. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements of a malpractice lawsuit which include a duty to the patient by the doctor or a breach of the duty; an injury caused by the breach and the resulting damages. In certain states, such as New York the law limits the amount of money awarded for a malpractice case.

Causation

The injury element, also referred to as causation, is one of the most important elements in medical malpractice cases. To prove causation, the plaintiff must prove that their injury was caused by the doctor's negligence. This can be a difficult task for several reasons.

Many of the injuries that are the basis for a medical negligence suit result from long-term or ongoing conditions which were present before treatment began. Often, the statute of limitations for a claim involving collingswood medical malpractice law firm malpractice extends over a number of years, and the injuries can develop gradually.

In these instances it is often difficult to prove that a particular medical professional's breach of the standards of care caused the injury. The attorney could have gathered evidence, including expert testimony and medical records that the patient who was injured could use.

During the discovery process, which is part of the legal process for preparing for trial, your lawyer could request the disclosure of expert testimony and other evidence from defendants' attorneys. The doctor who is defending the case will be asked to give deposition. This is a statement that's given under an oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will then decide whether the plaintiff has proved the necessary elements of their case such as obligation, breach, causation and vimeo injury.

Negligence

When a medical malpractice claim is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor violated professional duties and those breaches resulted in harm. The plaintiff's attorney must demonstrate this using evidence gathered during pretrial discovery. This involves seeking documents, such as medical records, from all parties involved in the lawsuit. The process also involves the recording of sworn statements and used in trial.

A doctor was in breach of the professional duties of a doctor if he or she did something that a prudent physician would not do under the same circumstances. It must be proved that the breach caused the injury directly to the patient. This is known as causation or proximate cause. A patient might visit the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally defined period of time, called the statute of limitations, which is different for each state. The patient who is injured must prove that the care provided was substandard and resulted in injury, and then he or she must prove the amount of financial compensation he or she deserves.

Damages

If hurst medical malpractice law firm negligence has led you to sustain an injury, you are entitled to be compensated. At Scaffidi & Associates, we can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties engage in discovery. This is where documents and statements are presented under the oath. During discovery, medical records and notes from a doctor are usually requested.

In the majority of states, you must establish four elements to be compensated for injuries incurred by medical malpractice: a duty owed by the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury as well as damages that result from the injury. If your lawyer can prove all of these elements, you can make a an excellent case for financial compensation in a medical negligence claim.

In some instances the court could decide to award punitive damages which is intended to punish the perpetrator and discourage others from committing similar conduct. This is not the norm however, especially in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.