How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body, such as surgical clamps, is still inside her body following gall bladder surgery can bring a medical malpractice lawsuit. A successful claim must establish the legal elements of medical negligence: duty, deviance from this duty, direct cause, and injury.

It is vital for our clients to establish a direct link between the breach of duty and the injury that is known as proximate causation.

Cause of Injury

A west miami medical malpractice law firm malpractice lawyer (https://vimeo.Com/709342258) malpractice lawsuit can be filed either by the person who suffered the injury or an attorney. This could be a spouse, adult child or parent, guardian or administrator of a deceased patient's estate depending on the circumstances. In a medical negligence case the defendant is the health care provider. This could be a nurse, doctor levelland medical malpractice lawyer or therapist, or any other licensed health care professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify on whether or Medical Malpractice Attorney whether the health professional adhered to the standards of care for their particular area of expertise. They must also testify as to the damage caused by the actions or inactions of a doctor.

Injuries resulting from malpractice and negligence can be extremely serious. A misdiagnosis could have grave consequences, including the possibility of a life-threatening illness. Other types of injuries can include operating on the incorrect body part or putting surgical instruments in the patient.

In order to prove a malpractice claim the patient has to prove four legal elements: a duty the doctor owed them; a breach in this duty; a resultant injury; and damages. In certain states, like New York, the law places a limit on the amount of money that can be awarded for an action for malpractice.

Causation

The injury element is called the causation. It is one of most important elements in a medical negligence claim. To prove causation, a plaintiff must show that they sustained their injury on the balance of probabilities due to due to the negligence of the doctor. This can be a difficult task for several reasons.

For instance, many of the injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were present before treatment began. The statute of limitations on a medical malpractice case could be extended over the course of several years, and injuries can develop slowly.

In these cases it is often difficult to prove that a certain medical professional's failure to adhere to the standard of care led to the injury. The attorney could have gathered evidence, including expert testimony and medical records which the injured patient could use.

During the discovery process, which is an integral part of the legal procedure getting ready for trial, your lawyer can ask for the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the lawsuit will then be required to testify in deposition, which is testimony given under the oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established all 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 did not perform his or her professional duties and that the breaches resulted in injury. The plaintiff's lawyer must prove this by using evidence obtained during discovery. This includes soliciting documents, including medical records and other records from all parties in the lawsuit. Depositions, where statements are made under oath and recorded for trial, are also part of this process.

A doctor has violated the professional duties of a doctor if he or she did something that a reasonably prudent doctor would not do under the same circumstances. However it must be proven that the breach directly caused the injury to the patient. This is known as causation or proximate causes. Patients may go to the hospital to repair a hernia but 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 filed within a legally defined period of time, also known as the statute of limitations, that varies from state to state. The injured patient must establish that the substandard care caused injury and then prove how much monetary compensation he or she is entitled to.

Damages

If medical negligence has led you to suffer injury, you have the right to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then engage in discovery, a process in which documents and statements are made public under the oath. Medical records and the notes of the doctor are typically sought during discovery.

In most states, you have to prove four things to be compensated for injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the obligation; a causal connection between the breach and the patient's injury and the damages that result from the injury. If your attorney can establish all of these elements, you can make a an excellent case for financial recovery in a medical malpractice case.

In some instances the court might make punitive damages a possibility that is intended to penalize a wrongdoer and discourage others from committing similar acts. However, this isn't the norm in medical malpractice cases since courts require precise proof of malice before they can give these extraordinary awards.