How to File a Medical Malpractice Case
A patient who finds an object foreign to her body, such as surgical clamps inside her body after gall bladder surgery may make a claim for alpena Medical malpractice lawsuit negligence. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from this duty and the direct reason.
It is important for our clients to establish a direct connection between the breach of duty and the injury, known as proximate causation.
The reason for injury
A medical malpractice claim can be filed by the person who was injured or a legal representative. This could be a spouse or adult child parent, guardian, or administrator of a deceased patient’s estate, based on the circumstances. The defendant in a suit for medical negligence is the health professional. This could be a nurse, doctor, therapist or any other health care professional.
Expert testimony is often required in cases of malpractice. Medical experts must be able to testify that the health care provider performed his duties in accordance with the standard of care in his or her specific area of expertise. They also have to testify about injuries caused by physician’s actions or inactions.
Injuries that result from malpractice or negligence can be extremely serious. For example, a misdiagnosis of a health issue could have life-threatening consequences. Other types of injuries include operating on the wrong body part or putting surgical instruments in the patient.
The patient must prove four legal elements of a malpractice claim that include a duty owed to the patient by the physician or a breach of the duty; injury caused by the breach and the resulting damages. In some states, such as New York, the law puts a limit on amount of money that can be awarded for the malpractice claim.
Causation
The injury element is also known as the causation. It is among the most important aspects of a medical malpractice claim. To establish causation, the plaintiff must show that they sustained the injury on the basis of probabilities as a result due to the negligence of the doctor. This is a challenging job due to various reasons.
Many of the injuries that form the basis for a medical negligence suit result from long-term or ongoing conditions which were present before treatment started. The statute of limitations on a medical malpractice lawsuit can be extended over several years, and injuries can develop slowly.
In these situations, it is difficult to prove that a certain medical professional’s breach of the standards of care caused the injury. The attorney could have gathered evidence, such as pittsburgh medical malpractice lawyer records and expert testimony that the patient who was injured can utilize.
In the discovery process which is an element of the legal process for the preparation of a trial your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit will be required to testify in deposition, which is testimony given under oath. Your lawyer may cross-examine the doctor and challenge their findings. The jury will decide whether the plaintiff has substantiated all the elements of the case, including duty, breach and causation.
Negligence
The plaintiff must convince jurors, when filing a claim for medical malpractice that it is more than likely that the doctor did not fulfill his or her obligations as physician and that the violations caused injury. The lawyer for the plaintiff must demonstrate this by presenting evidence through pre-trial discovery, which involves requesting disclosure of documents including medical records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use at trial, are also a part of this process.
A doctor has violated their professional duty if they did something a reasonable prudent physician would not have done in similar circumstances. It must be proven that the breach resulted in injury directly to the patient. This is called causation or causal proximate causes. Patients may go to the hospital in order to have a hernia fixed, but end up having their gall bladder removed. This is hilton medical malpractice lawyer negligence as the procedure was not beneficial to the patient.
Medical malpractice lawsuits must be brought within a legally-defined time frame, known as the statute of limitations, which varies by state. The victim must prove that the substandard treatment resulted in injury, and after that they must show what compensation they are entitled to.
Damages
You deserve to be compensated for any injuries that you’ve suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.
The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties engage in discovery. This is a process which involves the disclosure of documents and statements disclosed under an oath. During discovery medical records and doctor’s notes are usually requested.
In most states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things: a duty of care 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 demonstrate all of these elements in a medical negligence claim, you will have a convincing case.
In certain cases the court could give punitive damages that is intended to punish the wrongdoer and discourage others from committing similar acts. This is rare however, particularly in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to decide to award these extraordinary damages.