How to File a medical malpractice attorneys Malpractice Case

A patient who discovers an object that is foreign, for example, surgical clamps in her body after gall bladder surgery could make a claim for medical negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

The reason for injury

A medical malpractice lawsuit can be filed either by the injured person or a legal representative. Depending on the circumstances this could be the spouse of the patient, an adult child or parent, guardian ad litem, or the administrator or executor of the estate of the patient who died. The defendant in a lawsuit for medical malpractice is the health professional. It could be a licensed nurse, doctor or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts must provide evidence to prove that the doctor was acting in accordance with the standards of care in his or her specific field of expertise. They must also testify as to the damage caused by the doctor's actions or inactions.

The injuries that result from malpractice and negligence can be quite severe. A misdiagnosis can have serious consequences, including a life-threatening condition. Other types of injuries can include operating on the incorrect body part or putting surgical instruments in the patient.

To establish a malpractice claim the patient has to prove four legal elements: a duty that the doctor owed to them; a breach of this duty; a subsequent injury and damages. In some states such as New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element is also known as the causation. It is among the most crucial aspects in a medical malpractice claim. To prove causation, the plaintiff must prove that the injury was caused by the physician's negligence. This is a challenging task due to a variety of reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit stem from long-term, or ongoing conditions that were in the process of being treated prior to. The time limit for a medical malpractice case can be extended over the course of several years and injuries can develop slowly.

In these instances the proof that a medical professional's violation of the standard of care that led to the injury is not easy. However, the patient who is afflicted could be able to use evidence gathered by the attorney, like medical records and expert testimony.

During the discovery procedure as part of the legal process for the preparation of a trial your lawyer can request the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the lawsuit will be asked to testify during a deposition, which is testimony under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proven the essential elements of their case including duty, breach, causation and injury.

Negligence

The plaintiff must convince the jury, in a case of medical malpractice to show that it is more than likely that the doctor did not fulfill the obligations of physician and that the mistakes led to injuries. The lawyer representing the plaintiff must prove this using evidence gathered through pretrial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, in which the statements are made under oath and recorded to be used at trial, are also a part of this procedure.

A doctor breached his or her professional duty in the event that he or her did something that a reasonable prudent doctor would not do in similar circumstances. It must be proven that the breach caused the injury directly to the patient. This is referred to as causation or proximate causes. A patient could visit the hospital to have a hernia fixed, but instead end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a specific legal period, referred to as the statute of limitations. This differs from state-to-state. The patient who is injured must prove that the negligence resulted in injury, and then he or she must show how much compensation he or she is entitled to.

Damages

You are entitled to compensation for any injuries that you've suffered due to medical negligence. At Scaffidi & Associates, we can assist you in obtaining the full and fair compensation you deserve for your losses.

The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties participate in discovery. This is a process in which documents and declarations are presented under the oath. During discovery medical malpractice law firm records and doctor's notes will typically be sought.

In many states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements such as a duty of care that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury; and damages resultant from the injury. If your lawyer can prove all these aspects of a medical negligence claim, you will have a strong case.

In certain instances, a court may award punitive damages, which are designed to punish the culprit and deter others from engaging in similar conduct. However, this is rare in medical malpractice cases as courts require evident proof of malice in order to make these extraordinary awards.