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How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps in her body after gall bladder surgery is able to bring a lawsuit against a doctor for medical negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct causes, and injury.

Our clients must establish a direct connection between the breach of duty and the injury. This is known as proximate cause.

Causes of Injury

A medical malpractice case can be filed by the injured person or by a person legally appointed to represent them. This could be a spouse, adult child or parent, guardian or administrator of a deceased patient’s estate depending on the circumstances. In a medical malpractice case the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.

Expert testimony is usually required in malpractice cases. Medical experts must be able to testify that the healthcare provider performed his duties in accordance with the standard of care in his or her specific area of expertise. They must also testify as to the harm resulting from the actions or inactions of the doctor.

The consequences of negligence and mistakes can be catastrophic. For instance, a wrong diagnosis of a health condition can cause life-threatening complications. Other kinds of injuries include operating on the wrong body part or putting surgical instruments in the patient.

The patient must establish four legal elements in a malpractice case that include a duty owed to the patient by the doctor and a breach of that obligation; a harm caused by the breach; and the resulting damages. In some states such as New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most crucial elements in medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was the result of the doctor’s negligence. This is a difficult task due to a variety reasons.

A lot of the injuries that form the basis of a medical negligence suit result from chronic illnesses that existed before treatment started. The statute of limitations on a medical malpractice case can be extended for a number of years, and injuries can develop slowly.

In these instances, it is difficult to prove that a specific medical professional’s failure to adhere to the standard of care led to the injury. The attorney could have collected evidence, like medical records and expert testimony that the injured person may use.

During the discovery process, which is an integral part of the legal procedure prepping for trial, your lawyer may request the disclosure of expert testimony as well as other documents from lawyers representing the defendants. The doctor who is defending the lawsuit is then asked to give evidence during a deposition, which is testimony that is under an oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty and causation.

Negligence

When a eagle pass medical malpractice attorney malpractice claim is filed in court, the plaintiff must to convince the jury that it was more likely than not that the physician committed a breach of professional duties and that those breaches resulted in harm. The attorney representing the plaintiff must demonstrate this using evidence gathered during discovery. This involves seeking documents, such as medical records and other records from all parties in a lawsuit. This process also involves sworn declarations that are recorded and used in trial.

A doctor has breached their professional obligation if they did something a reasonable prudent physician would not have done under the same circumstances. However it must be proven that the breach directly caused injury to the patient. This is known as causation or the proximate cause. Patients may visit the hospital to repair a hernia, but end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

st cloud medical malpractice lawyer malpractice lawsuits must be brought within a legally prescribed period of time, also known as the statute of limitations, which varies according to the state. The patient who was injured must show that the inadequate treatment caused injury, and then they must show what compensation they are entitled to.

Damages

If medical negligence has led you to suffer injury, you deserve to be compensated. At Scaffidi & Associates, we can help you receive the full and fair compensation for your loss.

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 participate in discovery, in which documents and declarations are made public under an oath. During discovery, medical records and notes from a doctor are typically requested.

In most states, in order to be eligible for compensation for injuries incurred through malpractice, you need to establish four elements including a duty of good faith that is due to the healthcare provider and a breach of that duty; a causal link between the breach and injury; and damages resulting from the injury. If your lawyer can prove all of these elements in a medical malpractice claim, you will have an enviable case.

In some instances, courts can decide to award punitive damages. These are designed to punish the offender and deter others from engaging in similar misconduct. But, this isn’t often the case in medical malpractice cases, as courts require evident proof of malice in order to award these awe-inspiring awards.