How to File a Medical Malpractice Case
A patient who discovers an object foreign to her body, such as surgical clamps in her body following gall bladder surgery can file a lawsuit for medical malpractice. A successful lawsuit must prove 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 causal connection between the breach of duty and the resulting injury, known as proximate causation.
Causes of Injury
A medical malpractice lawsuit 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, an adult child or parent, a guardian ad litem, or the executor or administrator of the estate of the deceased patient. In a case involving medical malpractice the defendant is the health care provider. This could be a licensed doctor, nurse or therapist.
Malpractice cases usually involve the testimony of experts. Medical experts are required to determine if the health care provider did what was required of care in their specific area of expertise. They must also testify about the injury caused by the doctor’s actions or inactions.
The injuries that result from malpractice and negligence can be quite severe. An incorrect diagnosis can lead to serious consequences, like life-threatening conditions. Other types of injuries could include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.
In order to establish a malpractice claim, the patient must prove four legal elements: a duty that the physician owed to them; a breach of the breach; a resulting injury and damages. In some states such as New York the law limits the amount of money that can be awarded for a malpractice case.
Causation
The element of injury is known as the causation. It is among the most crucial aspects of a columbia falls medical malpractice lawyer malpractice claim. To prove causation the plaintiff must show that they suffered an injury based on a balance of probabilities as a result due to the negligence of the doctor. This can be a challenging job due to various reasons.
For instance, many injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing conditions that were present prior Collingdale medical malpractice Attorney to the time of treatment. Often the statute of limitations for a medical malpractice lawsuit extends over a number of years, and injuries may develop slowly.
In these cases it is necessary to prove that a medical professional’s failure to adhere to the standard of care which led to the injury is a challenge. However, the person who was harmed could be able to use the evidence collected by the attorney, like medical records and expert testimony.
During the discovery process that is part of the legal process for the preparation of a trial your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is representing the case will be required to testify in a deposition. This is a declaration which is under the oath. Your lawyer can cross-examine the doctor and challenge their findings. The jury will then decide whether the plaintiff has proved 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 likely that the doctor did not fulfill his or her duties as physician and that the violations caused injury. The plaintiff’s lawyer must be able to prove this by utilizing evidence collected during discovery. This includes the request of documents, including wappingers falls medical malpractice law firm records as well as other documents from all parties in the lawsuit. The process also involves swearing statements that are recorded and used at trial.
A doctor has violated their professional duty if they did something a reasonable prudent physician would not have done under the same circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation, or the proximate cause. A patient could visit the hospital to have a hernia fixed, and instead, have their gall bladder removed. This is collingdale Medical Malpractice attorney 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, also known as the statute of limitations which varies by state. The person who suffered the injury must prove that the substandard treatment caused injury, then they must show what compensation they’re entitled to.
Damages
You deserve to be compensated for any injuries you have suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.
The first step in a lawsuit is to make a complaint and serve it along with summons and other papers on all defendants. The parties then begin discovery, in which documents and declarations are made public under oath. During discovery medical records and notes from a doctor will typically be sought.
In most states, you have to demonstrate four elements in order to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider in breach of that obligation; a causal connection between the breach and the injury suffered by the patient; and damages that flow from the injury. If your attorney can prove all these aspects of a medical negligence claim, you’ll have a strong case.
In certain cases the court might make punitive damages a possibility which is intended to punish the wrongdoer and discourage others from committing similar crimes. But, this isn’t often the case in medical malpractice cases, as the courts require extremely clear evidence of malice to award these awe-inspiring awards.