How to File a Medical Malpractice Case

A patient who finds an object that is foreign, for example, surgical clamps inside her body after gall bladder surgery may bring a lawsuit against a doctor for medical malpractice. A successful claim must prove the elements of medical malpractice: duty, deviation from this duty and the direct reason.

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

Cause of Injury

A medical malpractice claim may be filed by the victim or a legal representative. Depending on the circumstances this could be the spouse of the patient, an adult child or parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. The plaintiff in a suit for medical negligence is the health professional. This could be a nurse, doctor or therapist, or any other health care professional.

Expert testimony is often required in malpractice cases. Medical experts must determine if the healthcare provider did what was required of treatment in their special area of expertise. They also have to testify about injuries caused by physician's actions or inactions.

Injury caused by negligence and mistakes can be catastrophic. A misdiagnosis could have grave consequences, such as a life-threatening condition. Other types of injuries could include operating on the wrong part or leaving instruments inside the patient during surgery.

In order to prove a malpractice case the patient must prove four legal elements: a duty that the doctor owed them; a breach of this duty; a subsequent injury; and damages. In some states, such as New York, the law restricts the amount that can be awarded for an injury resulting from a malpractice claim.

Causation

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

For instance, many of the injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were already present prior Vimeo to the time of treatment. Often, the statute of limitations for a medical malpractice claim extends over a variety of years and the injuries can develop gradually.

In these cases it is necessary to prove that a medical professional's violation of the standard of care and led to the injury is not easy. The attorney could have gathered evidence, including medical records and expert testimony that the patient who was injured can use.

During the discovery process that is part of the legal procedure for preparation for a trial, your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is representing the case will be required to take a deposition. This is a statement that is given under the oath. Your lawyer may challenge the doctor's findings and cross-examine them. The jury will decide then if the plaintiff has established the essential elements of their claim, which includes the duty of care, breach, causation and injury.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for pleasanton medical malpractice law firm malpractice, that it is more likely that the doctor violated his or her duties as a doctor and that these mistakes led to injuries. The plaintiff's attorney has to be able to prove this by utilizing evidence gathered during pretrial discovery. This includes the request of documents, including medical records and other records from all parties in a lawsuit. This process also includes sworn statements that are recorded and used in trial.

A doctor violated his or her professional duty if he or she did something that a reasonable prudent doctor would not do under the same circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is known as causation or proximate causes. A patient may visit a hospital to repair a hernia and instead, have their gall bladder removed. This is medical negligence as the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be brought within a legally regulated period of time, referred to as the statute of limitations, which varies according to the state. The person who has suffered injury must prove that the negligent care resulted in injury, and then he or she must demonstrate the amount of compensation they are entitled to.

Damages

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

The first step is to file and serve a complaint and summons on all named defendants in the lawsuit. The parties then proceed to discovery, in which documents and statements are disclosed under oath. During discovery, medical records and doctor's notes will typically be sought.

In most states, to be eligible for compensation for injuries incurred by negligence, you must to establish four elements including a duty of good faith that the healthcare provider is obligated to perform and a breach of that duty; a causal link between the breach and injury; and damages that result from the injury. If your attorney can establish all of these elements, you will have an extremely strong case for financial recovery in a medical negligence claim.

In certain cases, courts can decide to award punitive damages. These are intended to punish the perpetrator and discourage others from engaging in the same conduct. This isn't often, however, in medical malpractice cases. The courts must have very clear evidence of malice before they may make these extraordinary awards.