How to File a Medical Malpractice Case

If a patient discovers that an object foreign to the body like surgical clamps, remain inside her body after gall bladder surgery could bring a medical malpractice lawsuit. A successful claim must prove the elements of casselberry medical malpractice lawyer malpractice: duty, deviation from the duty, and direct reason.

It is important for our clients to establish a direct connection between the breach of duty and the injury that is known as proximate causation.

Causes of Injury

A claim for medical malpractice can be filed by the victim or a legal representative. Depending on the circumstances this may be the spouse of the patient or an adult child, parent, guardian ad litem or the administrator or executor of the estate of the patient who died. The plaintiff in a medical malpractice lawsuit is the health care provider. This could be a doctor, nurse or therapist, or any other health professional.

Expert testimony is typically required in malpractice cases. Medical experts are required to testify on whether or the Jersey Village Medical Malpractice Lawyer professional adhered to the standards of treatment for their specific area. They must also testify regarding injuries caused by doctor's actions or inactions.

The injuries that result from malpractice and negligence can be very severe. For instance, a misdiagnosis of a health problem could have life-threatening consequences. Other types of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim that include a duty owed to the patient by the physician; a breach of this obligation; an injury resulting by the breach and resulting damages. In some states such as New York the law limits the amount of money awarded in a malpractice case.

Causation

The injury element, also referred to as causation, is one of the most important elements of medical malpractice cases. To prove causation, the plaintiff must show that they suffered an injury on the balance of probabilities as a result of the physician's negligence. This is a challenging task for several reasons.

A lot of the injuries that form the basis for a medical negligence lawsuit result from long-term illnesses or conditions that existed prior to when treatment began. The time period for filing a medical malpractice case can be extended for a number of years, and injuries can develop slowly.

In these instances, proving that a medical professional's breach of the standard of care which led to the injury is a challenge. However, the patient who was hurt could be able to make use of evidence gathered by the attorney, including medical records and expert testimony.

During the discovery process, which is part of the legal process for prepping for trial, your lawyer could ask for the disclosure of expert testimony and other documents from the lawyers representing the defendants. The doctor defending the lawsuit will be called to testify during deposition, which is testimony under oath. Your lawyer can challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the facts of the case, including duty, breach and causation.

Negligence

When a medical negligence claim is filed the plaintiff has to convince the jury that it was more likely than not that the physician committed a breach of professional duties and those violations caused harm. The plaintiff's attorney must demonstrate this through evidence obtained during discovery. This includes requesting documents, including medical records from all parties involved in a lawsuit. This also includes the recording of sworn statements and used at trial.

A doctor has violated the professional duties of a doctor when he or she did something that a prudent physician would not do in the same circumstances. However it must be proved that the breach directly caused injury to the patient. This is known as causation or proximate causes. For example the patient is admitted to the hospital for a procedure to treat a hernia and then has his or her gall bladder removed instead. This is medical malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, referred to as the statute of limitations that varies from state to state. The victim must show that the inadequate treatment resulted in injury, and after that they must establish what compensation they deserve.

Damages

If medical negligence has led you to suffer a traumatic injury, you deserve to be compensated. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties participate in discovery. This is a process in which documents and declarations are presented under the oath. During discovery augusta medical malpractice lawyer records and notes from a doctor are usually requested.

In most states, you must establish four elements to be compensated for injuries incurred by medical malpractice which includes a duty to the healthcare provider and a breach of that duty; a causal link 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 in a medical negligence claim, you will have an impressive case.

In certain cases, a court may decide to award punitive damages. These are intended to punish the perpetrator and discourage others from committing the same offense. This is rare however, in medical malpractice cases. The courts must have clear evidence of intent to commit a crime before they are able to give these extraordinary damages.