How to File a Medical Malpractice Case
A patient who finds that an object foreign to the body like surgical clamps, remains inside her body following gall bladder surgery could bring a medical malpractice lawsuit. A successful claim must demonstrate the elements of medical negligence: duty, deviation from this duty and direct cause.
It is essential for our clients to establish a direct connection between the breach of duty and the resulting injury called proximate causation.
The reason for injury
A medical malpractice claim can be filed by the person who was injured or a legal representative. Based on the specific circumstances, this may be the spouse of the patient or an adult child, parent, a guardian ad litem or the executor or administrator of the estate of the deceased patient. The defendant in a suit for medical negligence is the health care provider. This could be an accredited nurse, doctor or therapist.
Malpractice cases usually involve the testimony of experts. Medical experts are required to testify whether or the medical professional was in compliance with the standard of care in their specific field. They must also testify about injuries caused by physician’s actions or inactions.
The consequences of malpractice and negligence can be very serious. For instance, a wrong diagnosis of a health issue could result in life-threatening consequences. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.
In order to establish a malpractice claim the patient has to prove four legal elements: a duty the physician owed to them; a breach in this duty, resulting injury and damages. In certain states, such as New York, the law sets a limit on the amount of money that could be awarded in an injury resulting from a malpractice claim.
Causation
The injury element, also referred to as causation is one of the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that their injury was caused by the doctor’s negligence. This is a difficult task due to a variety of reasons.
A lot of the injuries that form the basis of a boonville medical malpractice lawyer negligence lawsuit stem from long-term conditions or ongoing conditions which were present before treatment started. The time limit for medical malpractice cases can be extended over a period of time and injuries may develop slowly.
In these cases, it is difficult to prove that a particular medical professional’s failure to adhere to the standard of care led to the injury. The attorney may have gathered evidence, such as expert testimony and medical records, that the injured patient can utilize.
During the discovery process that is part of the legal process prepping for 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 defending the case will be asked to take deposition. This is a declaration that’s given under the oath. Your lawyer can cross-examine the doctor and contest the doctor’s findings. The jury will decide then if the plaintiff has proved the necessary elements of their case including the duty of care, breach, causation and injury.
Negligence
When a medical negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician did not perform his or her professional obligations and that those breaches caused harm. The plaintiff’s attorney must prove this by using evidence obtained during discovery. This involves soliciting documents, including medical records, from all parties involved in the lawsuit. Depositions, where statements are made under oath and recorded for use in trial, are also part of this procedure.
A doctor has breached their professional obligation by doing something that a reasonable and prudent doctor would not have done in the same circumstances. It must be established that the breach caused the injury directly to the patient. This is called causation or proxy causes. For example an individual goes to the hospital for a procedure to treat a hernia and is later told that he or the gall bladder removed instead. This is medical negligence since the procedure did not benefit the patient.
Medical malpractice suits must be filed within a certain period, referred to as the statute of limitations. This is different from state to state. The patient who was injured must demonstrate that the treatment was substandard and caused injury, then they must establish what compensation they are entitled to.
Damages
You deserve to be compensated for any injuries you’ve suffered due to kaufman medical malpractice Lawyer negligence. At Scaffidi & Associates, we can assist you in obtaining full and fair compensation for your losses.
The first step in a lawsuit is to make a complaint and serve it, summons and other documents on all defendants. The parties participate in discovery. It is a process in which documents and declarations are disclosed under oath. During discovery medical records and doctor’s notes will typically be sought.
In most states, you need to prove four things to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider in breach of that obligation; a causal connection between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements, you have an argument for financial compensation in a medical malpractice claim.
In certain instances, the court may make punitive damages a possibility that is designed to punish the wrongdoer and deter others from engaging in similar acts. This is rare, however, in medical malpractice cases. The courts must have clear evidence of malice before they are able to decide to award these extraordinary damages.