How to File a Medical Malpractice Case

A patient who finds that an object foreign to the body, such as surgical clamps, is still inside her body after gall bladder surgery may pursue a medical malpractice suit. A successful claim must demonstrate the elements of terrell medical malpractice Lawsuit malpractice: duty, deviance from the norm and direct reason.

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

Causes of Injury

A medical malpractice case can be initiated by the patient who was injured or by a person legally appointed to act on their behalf. Depending on the circumstances this could be the spouse of the patient or an adult child, parent, guardian ad Litem or the administrator or executor of the estate of the deceased patient. The defendant in a lawsuit for medical malpractice is the health professional. This could be a nurse, doctor, therapist or any other health professional.

Expert testimony is usually required in cases of malpractice. Medical experts must provide evidence to prove that the healthcare provider acted within the standard of treatment in their special area of expertise. They must also testify as to the harm that was caused by the actions or inactions of the doctor.

Injuries resulting from malpractice and negligence can be very severe. For instance, a wrong diagnosis of a health problem could result in life-threatening consequences. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

To prove a malpractice case the patient must prove four legal elements: a duty that the doctor owed to them; a breach of this duty, resulting injury and damages. In some states, like new braunfels medical malpractice lawyer York, the law sets a limit on the amount of money that could be awarded for an action for malpractice.

Causation

The injury element, also referred to as causation, is among the most important elements in medical malpractice cases. To prove causation the plaintiff must prove that they suffered their injury on the basis of probabilities due to due to the negligence of the doctor. This can be a challenging task due to several reasons.

Many injuries that are the basis for a medical negligence lawsuit stem from long-term illnesses or illnesses that existed before treatment began. The time-limit for nephi medical malpractice lawyer malpractice cases can be extended over several years and injuries can develop slowly.

In these situations, it is 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 patient can utilize.

During the discovery process that is part of the legal procedure for preparing for a trial, your lawyer can request the lawyers of the defendants provide expert testimony and other documents. The doctor who is representing the case will be required to testify in deposition. This is a testimony that is made under oath. Your lawyer may cross-examine the doctor and contest their findings. The jury will decide then if the plaintiff has proven the necessary elements of their claim, which includes obligation, breach, causation and injury.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice that it is more likely that the doctor acted in violation of the obligations of a doctor and that these mistakes led to injuries. The plaintiff's attorney must prove this by using evidence obtained during discovery. This includes seeking documents, such as medical records and other records from all parties in a lawsuit. This also includes the recording of sworn statements and used in trial.

A doctor breached the professional duties of a doctor in the event that he or her did something that a prudent physician would not do in the same circumstances. It must be proved that the breach caused the injury directly to the patient. This is called causation or the proximate cause. For example when a patient is taken to the hospital for a hernia operation and is later told that he or his gall bladder removed instead. This is medical negligence since the removal was not beneficial for the patient.

Medical malpractice lawsuits must be filed within a legally defined period of time, referred to as the statute of limitations, which varies by state. The victim must prove that the care provided was substandard and caused injury, and then he or she must demonstrate the amount of compensation he or she deserves.

Damages

You are entitled to compensation for any injuries you've suffered as a result of medical negligence. At Scaffidi & Associates, we can assist you to receive full and fair compensation for your losses.

The first step is to file and serve the complaint and summons to all defendants named in the lawsuit. The parties then engage in discovery. This is a procedure where documents and evidence are made public under the oath. Medical records and notes of the doctor are typically sought during discovery.

In many states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things such as a duty of care that is due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury; and damages that result from the injury. If your attorney can establish all of these elements, then you've got a strong case for financial recovery in a medical malpractice claim.

In some cases, the court may decide to award punitive damages that is intended to penalize a wrongdoer and discourage others from committing similar acts. This isn't often, however, in medical malpractice cases. The courts must be able to prove evidence of intent to commit a crime before they are able to award these extraordinary damages.