How to File a Medical Malpractice Case
A patient who finds a foreign object such as surgical clamps within her body after gall bladder surgery may make a claim for medical negligence. A successful claim has to prove the elements of garden city medical malpractice lawyer malpractice: duty, deviation from the norm and direct reason.
Our clients must establish a direct connection between the breach of duty and the injury. This is known as the proximate cause.
The reason for injury
A medical malpractice claim can be filed by the person who has been injured or a person who is legally authorized to represent them. Depending on the circumstances, this may be the spouse of the patient or an adult child, parent, guardian ad litem, or the executor or administrator 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 usually required in cases of malpractice. Medical experts are required to testify whether or whether the healthcare provider adhered to the standards of care for their specific area. They also have to testify to the harm caused by the doctor’s actions or inactions.
Injury caused by negligence and malpractice can be severe. For instance, a misdiagnosis of a medical condition could have life-threatening effects. Other kinds of injuries include operating on the wrong body part or putting surgical instruments in the patient.
To prove a malpractice claim the patient must demonstrate four legal elements: a duty the doctor owed to them; a breach in this duty, resulting injury and damages. In some states such as New York the law limits the amount of money that can be awarded in a malpractice case.
Causation
The injury element is known as the causation. It is one of most important elements in a medical malpractice claim. To prove causation, the plaintiff must prove that they sustained their injury on a balance of probabilities due to of the physician’s negligence. This can be a difficult job due to a variety of reasons.
For instance, many of the injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing illnesses that were present prior to treatment. The time period for filing a craig medical malpractice law firm malpractice case can be extended over a period of time and the development of injuries can happen slowly.
In these instances the proof that a medical professional’s failure to adhere to the standard of care that led to the injury is difficult. The attorney could have gathered evidence, such as expert testimony and medical records that the patient who was injured can use.
During the discovery process, which is a part of the legal process for preparing for trial, your lawyer could request the disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is defending the case will be asked to appear in a deposition. This is a statement that’s given under oath. Your lawyer will be able to cross-examine doctor and challenge their findings. The jury will decide if the plaintiff has proven the elements of the case including breach of duty, breach of contract and causation.
Negligence
If a claim for medical malpractice 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 obligations and that those breaches caused injuries. The lawyer representing the plaintiff must show this through evidence gathered through pretrial discovery, which entails asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. This process also includes the recording of sworn statements and used at trial.
A doctor has breached their professional obligation by doing something that a reasonable prudent physician would not have done under the same circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation, or the proximate cause. A patient could visit the hospital to have a hernia repaired, but end up having their gall bladder removed. This is medical malpractice because the removal of the gall bladder did not benefit the patient.
Medical malpractice lawsuits must be filed within a certain time limit, known as the statute of limitations. This differs from state to state. The victim must demonstrate that the treatment was substandard and resulted in injury, and after that they must establish what compensation they’re entitled to.
Damages
You are entitled to compensation for any injuries you have suffered as a result of medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.
The first step in a lawsuit is to make a complaint and serve it as well as summons and other documents on all defendants. The parties then engage in discovery. This is which involves the disclosure of documents and statements presented under oath. Medical records and notes of a doctor are typically requested during discovery.
In most states, in order to be eligible for compensation for injuries incurred through malpractice, you need to establish four elements: a duty of care owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury and damages that result from the injury. If your attorney can demonstrate all of these aspects of a Coralville Medical Malpractice Lawyer negligence claim, you’ll have a convincing case.
In certain cases the court can award punitive damage, which is meant to penalize a wrongdoer and deter others from engaging in similar misconduct. This is not the norm however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they can make these extraordinary awards.