How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps within her body following gall bladder surgery can 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.

It is essential for our clients to establish a direct causal connection between the breach of duty and the injury called proximate causation.

Cause of Injury

A marshall medical malpractice law firm malpractice lawsuit can be filed by the injured patient or a person who is legally authorized to represent them. Based on the specific circumstances, this could be the spouse of the patient, an adult child or parent, guardian ad-litem or executor or administrator of the estate of the patient who died. In a case of medical malpractice the defendant is the health care provider. It could be a licensed nurse, doctor or therapist.

Malpractice cases typically involve the testimony of experts. Medical experts are required to testify on whether or whether the health professional adhered to the standards of care for their specific area. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

Injuries caused by negligence and mistakes can be catastrophic. For example, a mistake in the diagnosis of a health issue could cause life-threatening complications. Other types of injuries involve operating on the wrong body part or putting surgical instruments in the patient.

To prove a malpractice claim, the patient must prove four legal elements: a duty the doctor owed them; a breach in this duty, resulting injury and damages. In certain states, such as New York, the law places a limit on the amount of money that could be awarded for the malpractice claim.

Causation

The injury element, also known as causation, is one of the most crucial elements in a medical malpractice case. To establish causation, the plaintiff must prove that their injury was caused by the physician’s negligence. This can be a difficult job due to various reasons.

Many injuries that are the basis for a medical negligence lawsuit result from long-term illnesses or conditions which were present before treatment started. 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 instances, proving that a medical professional’s breached the standard of care led to the injury is not easy. The attorney may have collected evidence, including expert testimony and medical records, that the injured patient can utilize.

During the discovery procedure that is part of the legal procedure for prepping for a trial your lawyer may request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor who is defending the case will be asked to testify in a deposition. This is a declaration that’s given under an oath. Your lawyer may challenge the doctor’s findings and cross-examine them. The jury will decide whether the plaintiff has substantiated the elements of the case including breach of duty, breach of contract and causation.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for medical malpractice that it is likely that the doctor did not fulfill the obligations of a doctor and that these mistakes led to injuries. The plaintiff’s lawyer must demonstrate this through evidence obtained during discovery. This involves requesting documents, including medical records and other records from all parties in a lawsuit. Depositions, where statements are made under oath and recorded for use in trial, are also a part of this procedure.

A doctor has violated his or her professional duty when he or she did something that a reasonable prudent physician would not do in the same circumstances. However it must be established that the breach directly caused injury to the patient. This is referred to as causation or proximate causes. For example, a patient goes to the hospital for a procedure to treat a hernia and ends up having his or his gall bladder removed instead. This is Harrisville medical Malpractice law firm malpractice as the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally prescribed period of time, called the statute of limitations, which varies according to the state. The injured patient must establish that the substandard care caused injury and then he or she must prove how much monetary compensation he or she deserves.

Damages

If medical negligence has led you to suffer an injury, you are entitled to be made whole. At Scaffidi & Associates, we will assist you in receiving the full and fair compensation you deserve for your losses.

The first step is to file and serve a summons and complaint to all named defendants in the lawsuit. The parties then engage in discovery. It is a process where documents and evidence are presented under an oath. During discovery, medical records and notes from a doctor are usually requested.

In the majority of states, you must prove four things to be compensated for the injuries caused by medical malpractice which includes a duty to the healthcare provider and a breach of the duty; a causal connection between the breach and the injury suffered by the patient and damages resulting from the injury. If your attorney can establish all of these elements, then you’ve got a strong case for financial recovery in a claim for carrizo springs medical malpractice law firm malpractice.

In certain instances the court can award punitive damages, which are intended to punish the offender and deter others from committing the same offense. This is rare however, in medical malpractice cases. The courts must have clear evidence of malice before they are able to award these extraordinary damages.