How to File a Medical Malpractice Case

A patient who discovers an object that is foreign, such as surgical clamps, remain inside her body following gall bladder surgery could pursue a medical malpractice suit. A successful lawsuit must prove the legal elements of augusta medical malpractice lawsuit negligence: duty, deviation from this duty, direct cause, and injury.

It is crucial 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 claim can be filed by the person who was injured or a legal representative. Based on the circumstances, it could be the spouse of the patient or an adult child parent, a guardian ad Litem or the administrator or executor of the estate of the patient who died. 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 professional.

Expert testimony is typically required in cases of malpractice. Medical experts must provide evidence to prove that the doctor performed his duties in accordance with the standard of care in his or her particular field of expertise. They also need to testify on injuries caused by doctor's actions or actions or.

Injuries that result from malpractice or negligence can be very severe. A mistake in diagnosis can have devastating consequences, such as an illness that could be life-threatening. Other kinds of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice case the duty owed to the patient by the doctor or a breach of the obligation; an injury resulting by the breach and resulting damages. In certain states, like New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element is also called the causation. It is one of most crucial elements in a medical malpractice claim. To establish causation the plaintiff must prove that the injury was caused by the physician's negligence. This can be a challenging task due to a variety reasons.

For instance, many injuries that are the subject of a medical-malpractice lawsuit arise from long-term or ongoing illnesses that were present prior to treatment. Often, the statute of limitations for a medical malpractice claim is extended over a period of years, and injuries can develop gradually.

In these cases, it is difficult to prove that a particular medical professional's failure to adhere to the standard of care caused the injury. However, the aggrieved patient could be able to use evidence gathered by the attorney, such as medical documents and expert testimony.

In the discovery process 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 required to appear in deposition. This is a declaration which is under oath. Your lawyer can cross-examine the doctor and challenge the doctor's findings. The jury will decide whether the plaintiff has substantiated the elements of the case which include breach of duty, breach and causation.

Negligence

If a medical malpractice lawsuit is filed, the plaintiff will have to convince the jury that it was more likely than not that the doctor violated professional duties and that the breached duties caused harm. The plaintiff's attorney has to be able to prove this by utilizing evidence obtained during discovery. This includes seeking documents, such as medical records, from all parties involved in a lawsuit. The process also involves the recording of sworn statements and used at trial.

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 under similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is known as causation or proximate causes. A patient could go to the hospital to have a hernia fixed, however, they end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder 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 person who has suffered injury must prove that the negligence resulted in injury, and then he or she must prove how much monetary compensation he or her deserves.

Damages

If medical negligence has caused you to sustain an injury, you should be compensated. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your loss.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then participate in discovery, a process by which documents and statements are made public under oath. During discovery, medical records and notes from a doctor are typically requested.

In most states, in order to be eligible for compensation for injuries incurred by malpractice, you need to prove four things including a duty of good faith owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages caused by the injury. If your lawyer can prove all of these elements of a mooresville medical malpractice lawsuit negligence claim, you'll have an impressive case.

In some instances the court can decide to award punitive damages that is intended to penalize a wrongdoer and discourage others from committing similar acts. This is not the norm however, particularly in medical malpractice cases. The courts must have very clear evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.