How to File a Medical Malpractice Case

A patient who discovers that an object foreign to the body, such as surgical clamps, remain inside her body following gall bladder surgery could file a medical malpractice lawsuit. A successful claim must establish the legal elements of albany medical malpractice attorney negligence: duty, deviance from this obligation, direct cause and injury.

It is essential for our clients to establish a direct relationship between the breach of duty and the injury which is referred to as proximate cause.

Causes of Injury

A medical malpractice claim can be filed by the person who has been injured or by a person legally appointed to represent them. This could be a spouse or adult child parent, guardian, or administrator of the estate of a deceased person depending on the circumstances. The defendant in a medical malpractice suit is the health professional. This could be a nurse, doctor or therapist, or any other licensed health professional.

Malpractice cases usually require a lot of expert testimony. Medical experts are required to testify on whether or not the health care provider adhered to the standards of treatment for their particular field. They also have to testify to the harm caused by the actions or inactions of a doctor.

Accidents caused by negligence or mistakes can be catastrophic. A misdiagnosis could have grave consequences, like life-threatening conditions. Other types of injuries can involve operating on the wrong body part or leaving surgical instruments inside the patient.

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

Causation

The injury element is also called the causation. It is one of most crucial elements in a medical negligence claim. To prove causation, the plaintiff must prove that their injury was caused by the physician's negligence. This can be a challenging task due to a variety of reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit are the result of long-term or ongoing ailments that were present prior to treatment. Often the statute of limitations for a medical malpractice lawsuit extends out over a number of years and the injuries may develop slowly.

In these situations it is often difficult to prove that a particular medical professional's breach of standards of care caused the injury. The attorney may have collected evidence, like medical records and expert testimony that the injured person can utilize.

In the discovery process that is part of the legal procedure for preparation for a trial, your attorney can request that the lawyers of the defendants provide expert testimony and other documents. The doctor who is defending the lawsuit will be asked to give evidence during depositions, which are the testimony under an oath. Your lawyer is able to cross-examine doctor and challenge their conclusions. The jury will decide then if the plaintiff has proven the essential elements of their case including obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury when bringing a claim for medical malpractice to show that it is more likely that the physician violated his or her responsibilities as a doctor and that these breaches resulted in injury. The plaintiff's lawyer must show this through evidence gathered through pretrial discovery, which entails requesting disclosure of documents including wauconda medical malpractice law firm records from all parties who are involved in the lawsuit. This process also includes swearing statements that are recorded and used in trial.

A doctor has breached their professional duty if they did something reasonable and prudent doctors would not have done in the same circumstances. It must be established that the breach caused injury directly to the patient. This is referred to as causation, or proxy causes. For instance the patient is admitted to the hospital for a hernia operation and ends up having his or his gall bladder removed instead. This is Yazoo City Medical Malpractice Attorney negligence since the removal did not benefit the patient.

Medical malpractice suits must be filed within the legal time limit, known as the statute of limitations. This varies from state to state. The victim must prove that the substandard care caused injury, and then prove the amount of financial compensation they are entitled to.

Damages

You should be compensated for any injuries you've suffered due to medical negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is filing and serving an order and complaint on all named defendants in the lawsuit. The parties then participate in discovery, in which documents and statements are made public under oath. During discovery medical records and doctor's notes are usually requested.

In the majority of states, you have to prove four things to be compensated for injuries incurred by medical malpractice that is a duty owed by the healthcare provider in breach of that obligation; a causal connection between the breach and the patient's injury; and damages that flow from the injury. If your lawyer can prove all of these elements, you will have a strong case for financial compensation in a medical negligence claim.

In certain instances, the court may give punitive damages that is intended to punish the wrongdoer and discourage others from committing similar conduct. However, this isn't the norm in medical malpractice cases since courts require precise proof of malice before they can award these extraordinary awards.