How to File a Medical Malpractice Case

A patient who finds that a foreign object like surgical clamps, is still inside her body after gall bladder surgery can be able to file a lawsuit for medical malpractice. A successful claim must establish the legal aspects of medical negligence: duty, deviance from this duty, direct cause and injury.

Our clients must establish a direct link between the breach of duty and the injury. This is referred to as proximate cause.

Causes of Injury

A pocola medical Malpractice law Firm malpractice claim may be filed by the person who was injured or a legal representative. Depending on the circumstances, this could be the spouse of the patient or an adult child parent, guardian ad-litem or administrator or executor of the estate of the deceased patient. In a case of medical malpractice the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to testify on whether or the medical professional followed the standard of care for their particular area of expertise. They also have to testify to the harm resulting from the doctor’s actions or inactions.

Injuries caused by negligence and mistakes can be devastating. A mistake in diagnosis can have devastating consequences, such as a life-threatening condition. Other kinds of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements in a malpractice claim the duty owed to the patient by the physician; a breach of this obligation; an injury resulting by the breach and resulting damages. In certain states, such as New York, the law puts a limit on amount that can be awarded for a malpractice claim.

Causation

The injury element, also known as causation, is one of the most important elements of medical malpractice cases. To establish causation, the plaintiff must demonstrate that they suffered their injury based on a balance of probabilities because of the negligence of a physician. This can be a difficult task due to a variety reasons.

For instance, many of the injuries that are the subject of a medical-malpractice lawsuit are the result of long-term or ongoing conditions that were in the process of being treated prior to. The time period for filing a medical malpractice lawsuit can be extended over the course of several years and injuries can develop slowly.

In these instances it can be difficult to prove that a specific verona medical malpractice law firm professional’s breach of the standards of care caused the injury. However, the patient who was hurt may be able to use the evidence collected by the attorney, such as medical documents and expert testimony.

During the discovery process, which is an integral part of the legal procedure for getting ready for trial, your lawyer will request disclosure of expert testimony and other documents from lawyers of the defendants. The doctor who is defending the case will be asked to give deposition. This is a statement that is given under an 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 duty, breach and causation.

Negligence

If a claim for medical malpractice is filed the plaintiff has to convince the jury that it was more likely than not that the doctor violated professional duties and that those breached duties caused injury. The plaintiff’s lawyer has to 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 involves sworn declarations that are recorded and used in trial.

A doctor breached his or her professional obligation in the event that he or her did something that a prudent doctor would not do in the same circumstances. However it must be proved that the breach directly caused the injury to the patient. This is known as causation or proximate cause. A patient might visit the hospital to repair a hernia, however, they end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a specific legal time frame, also known as the statute of limitations. This varies from state to state. The injured patient has to prove that the substandard treatment caused injury, then they must show what compensation they deserve.

Damages

If medical negligence has caused you to suffer a traumatic injury, you are entitled to be compensated. 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 participate in discovery. This is a process which involves the disclosure of documents and statements presented under oath. Medical records and the doctor’s notes are typically requested during discovery.

In the majority of states, to be eligible for compensation for injuries incurred by malpractice, you need to establish four elements: a duty of care due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury and damages resulting from the injury. If your attorney can establish all of these elements, you will have a strong case for financial recovery in a claim for medical malpractice.

In some instances, courts can make punitive damages available, which are intended to punish the wrongdoer and deter others from engaging in similar misconduct. However, this is not the norm in medical malpractice cases, as courts require specific proof of malice to award these extraordinary awards.