How to File a Medical Malpractice Case
If a patient discovers that an object that is foreign like surgical clamps, remains in her body following gall bladder surgery may be able to file a lawsuit for medical malpractice. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this obligation, direct cause and injury.
It is crucial for our clients to establish a direct link between the breach of duty and the resulting injury called proximate causation.
The reason for injury
A medical negligence case may be filed by the person who has been injured or a legal person to represent them. Based on the specific circumstances, this could be a 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. In a medical negligence case the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.
Expert testimony is often required in cases of malpractice. sandy medical malpractice law firm experts must testify as to whether the health care provider was acting in accordance with the standards of treatment in their specific area of expertise. They must also testify to the harm that was caused by the actions or inactions of the doctor.
The consequences of negligence and mistakes can be devastating. For example, a mistake in the diagnosis of a health problem could have life-threatening consequences. Other kinds of injuries include operating on the incorrect body part or putting surgical instruments in the patient.
In order to prove a malpractice case the patient must prove four legal elements: a duty that the doctor owed them; a breach of this duty, resulting injury; and damages. In some states, like New York, the law sets a limit on the amount that can be awarded in an injury resulting from a malpractice claim.
Causation
The injury element is also known as the causation. It is one of most crucial aspects in a medical malpractice claim. To establish causation the plaintiff must demonstrate that their injury was caused by the physician’s negligence. This is a difficult task for a number of reasons.
For instance, many of the injuries that are the cause of a medical negligence lawsuit arise from long-term or ongoing conditions that were already present prior to treatment. The time-limit for a Livingston Medical Malpractice Attorney malpractice case could be extended over the course of several years and injuries can 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 can be difficult. The attorney may have gathered evidence, including medical records and expert testimony that the injured person may use.
During the discovery process, which is an integral part of the legal process for getting ready for trial, your lawyer can seek disclosure of expert testimony and other documents from defendants’ attorneys. The doctor who is defending the case will be asked to appear in 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 if the plaintiff has proven the essential elements of their case such as the duty of care, breach, causation and injury.
Negligence
The plaintiff must convince jurors, when filing a claim for medical malpractice in court, that it is more than likely that the physician violated the obligations of a physician and that those violations caused injury. The plaintiff’s lawyer must demonstrate this with evidence gathered through pretrial discovery, which includes the disclosure of documents, including medical records from all parties who are involved in the lawsuit. This also includes swearing statements that are recorded and used in trial.
A doctor breached his or her professional duty in the event that he or her did something that a reasonably prudent physician would not do in similar circumstances. It must be established that the breach was the cause of the injury directly to the patient. This is known as causation or proximate cause. For example when a patient is taken to the hospital for a hernia operation and is later told that he or his gall bladder removed instead. This is sterling heights medical malpractice lawsuit malpractice as the removal of the gall bladder did not benefit the patient.
Medical malpractice suits must be filed within a certain time limit, known as the statute of limitations. This varies from state to state. The victim must show that the inadequate treatment caused injury, and they have to prove the amount of compensation they deserve.
Damages
You deserve to be compensated for any injuries you’ve suffered due to medical negligence. Scaffidi & Associates can help you receive fair and full compensation for your losses.
The first step is filing and serving a summons and complaint to all named defendants in the lawsuit. The parties then proceed to discovery, in which documents and statements are revealed under the oath. Medical records and the doctor’s notes are typically requested during discovery.
In the majority of states, you have to prove four things to be compensated for any injuries caused 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 and the damages that result from the injury. If your lawyer can prove all of these elements, then you’ve got a strong case for financial compensation in a medical malpractice claim.
In certain instances the court could make punitive damages a possibility which is intended to punish a wrongdoer, and discourage others from committing similar misconduct. This isn’t often however, in medical malpractice cases. The courts must have clear evidence of malice before they can give these extraordinary damages.