How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps in her body following gall bladder surgery is able to sue for medical negligence. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviance from this duty, direct cause, and injury.

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

Causes of Injury

A medical malpractice lawsuit can be filed by the victim or an attorney. This could be the spouse, Middleton Medical Malpractice Lawsuit adult child guardian, parent or administrator of an estate belonging to a deceased patient, based on the circumstances. The defendant in a suit for medical negligence is the health professional. It could be a licensed doctor, nurse or therapist.

Expert testimony is often required in cases of malpractice. Medical experts are required to determine if the medical professional performed his duties in accordance with the standard of treatment in their particular field of expertise. They also need to testify on the injury that was caused by the doctor's actions or inactions.

Injuries that result from malpractice or negligence can be quite severe. An incorrect diagnosis can lead to serious consequences, like a life-threatening condition. Other types of injuries could include operating on the wrong body part or putting instruments inside the patient during surgery.

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

Causation

The injury element, also known as causation is one of the most important aspects of medical malpractice cases. To prove causation, the plaintiff must demonstrate that their injury was caused by the doctor's negligence. This can be a challenging job due to a variety of reasons.

Many of the injuries that are the basis of medical negligence lawsuits result from long-term or ongoing conditions that existed prior to when treatment started. Often the statute of limitations for a medical malpractice lawsuit extends over a variety of years, and injuries can develop gradually.

In these instances, it is difficult to prove that a specific medical professional's violation of the standard of care caused the injury. However, the patient who is afflicted could be able to use evidence gathered by the attorney, like medical documents and expert testimony.

During the discovery process, which is a component of the legal procedure preparing for trial, your lawyer could request the disclosure of expert testimony and other evidence from lawyers of the defendants. The doctor who is defending the case will be required to appear in a deposition. This is a testimony which is under oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will decide if the plaintiff has proven the elements of the case including breach of duty and causation.

Negligence

The plaintiff must convince jurors, when bringing a lawsuit for justice medical malpractice lawyer malpractice, that it is more than likely that the doctor acted in violation of his or her obligations as medical professional and that these actions led to injury. The attorney representing the plaintiff must be able to prove this by utilizing evidence gathered during discovery. This includes seeking documents, such as medical records and other records from all parties in the lawsuit. This process also includes the recording of sworn statements and used in trial.

A doctor has breached their professional duty if they did something an ordinary prudent doctor would not have done in the same circumstances. It must be proved that the breach caused injury directly to the patient. This is referred to as causation, or the proximate cause. A patient may visit the hospital to repair a hernia and instead, have their gall bladder removed. This is medical negligence because the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, also known as the statute of limitations which varies by state. The victim must show that the inadequate treatment caused injury, then they must show what compensation they deserve.

Damages

You deserve to be compensated for any injuries you have suffered due to wayne medical malpractice law firm negligence. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step is to file and serve an order and complaint on all defendants named in the lawsuit. The parties then participate in discovery, a process by which documents and statements are disclosed under an oath. Medical records and the notes of a doctor are typically requested during discovery.

In many states, to get compensation for injuries caused through malpractice, you need to establish four elements: a duty of care due to the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements of a medical negligence claim, you will have a convincing case.

In certain cases the court can make punitive damages a possibility that is intended to penalize a wrongdoer and deter others from engaging in similar conduct. But, this isn't often the case in medical malpractice cases, as courts require evident proof of malice in order to give these extraordinary awards.