How to File a Medical Malpractice Case

A patient who discovers an object that is foreign like surgical clamps, is still inside her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

It is important for our clients to establish a direct causal connection between the breach of duty and the damage, known as proximate causation.

Cause of Injury

A medical malpractice claim can be filed either by the injured person or a legal representative. Based on the specific circumstances, it could be the spouse of the patient or an adult child parent, guardian ad-litem or executor or administrator of the estate of the patient who died. In a medical negligence case the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is often required in cases of malpractice. maumee medical malpractice lawyer experts must testify as to whether or not the health care provider followed the standard of care in their specific field. They also need to testify on the harm caused by the physician's actions or actions or.

The consequences of negligence and malpractice can be severe. A mistake in diagnosis can have devastating consequences, including a life-threatening condition. 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 must demonstrate four legal elements: a duty the doctor owed to them; a breach of this duty; a resultant injury and damages. In some states, like New York, the law sets a limit on the amount of money that could be awarded in a malpractice claim.

Causation

The injury element is also known as the causation. It is among the most important elements in a medical negligence claim. To prove causation, the plaintiff must demonstrate that their injury was caused by a physician's negligence. This can be a difficult task for several reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were already present prior to the time of treatment. Often, the statute of limitations for a medical malpractice claim extends over a number of years and the injuries may develop slowly.

In these instances it is often difficult to prove that a certain medical professional's breach of standard of care led to the injury. The attorney could have collected evidence, including medical records and expert testimony that the injured person can use.

During the process of discovery which is an element of the legal process for the preparation of a trial your lawyer may request that the lawyers for the defendants be made aware of expert testimony and other documents. The doctor who is representing the case will be asked to appear in deposition. This is a testimonies that is made under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved all the elements of the case including breach of duty, breach of contract and causation.

Negligence

If a medical malpractice lawsuit is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional duties and those breaches caused injuries. The plaintiff's lawyer must prove this using evidence gathered through pretrial discovery, which includes requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. The process also involves sworn statements that are recorded and used in trial.

A doctor breached his or her professional duty in the event that he or her did something that a reasonably prudent physician would not do in similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. For instance the patient is admitted to the hospital for a hernia surgery and then has his or her gall bladder removed instead. 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 defined time frame, known as the statute of limitations, which varies by state. The person who suffered the injury must demonstrate that the treatment was substandard and resulted in injury, and after that they must establish what compensation they're entitled to.

Damages

If medical negligence has caused you to suffer injury, you should be compensated. At Scaffidi & Associates, we can help you receive the full and fair compensation for your loss.

The first step is to file and serve the complaint and summons to all named defendants in the lawsuit. The parties then participate in discovery, a process in which documents and statements are made public under oath. During discovery dawson medical malpractice attorney records and doctor's notes will usually be requested.

In many states, to receive compensation for injuries caused by malpractice, you have to establish four elements that include a duty of care that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your attorney can prove all these elements in a medical malpractice claim, you will have an enviable case.

In some cases, courts can give punitive damages, which are intended to punish the wrongdoer and deter others from committing the same offense. However, this is not the norm in medical malpractice cases since courts require specific proof of malice to award these extraordinary awards.