How to File a Medical Malpractice Case

A patient who discovers an object foreign to her body, such as surgical clamps within her body following gall bladder surgery could bring a lawsuit against a doctor for medical malpractice. A successful lawsuit must prove the legal aspects of medical negligence: duty, deviation from this duty, direct cause, and injury.

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

The reason for injury

A north Charleston medical malpractice law firm malpractice claim can be filed either by the injured person or an attorney. Depending on the circumstances, this could be the spouse of the patient, an adult child or parent, a guardian ad litem or the executor or administrator of the estate of the deceased patient. In a medical negligence case the defendant is the health care provider. This could be an accredited nurse, doctor or therapist.

Malpractice cases usually require many expert witnesses. Medical experts are required to testify whether or not the health care provider adhered to the standards of treatment for their particular field. They must also testify as to the harm resulting from the actions or inactions of a doctor.

Injuries caused by negligence and mistakes can be catastrophic. A misdiagnosis can have serious consequences, including an illness that could be life-threatening. Other types of injuries include operating on the wrong part or leaving instruments inside the patient during surgery.

The patient must establish four legal elements in a malpractice claim which include a duty to the patient by the doctor or a breach of the obligation; an injury resulting by the breach; and the consequential damages. In certain states like New York the law limits the amount of money that can be awarded in a malpractice case.

Causation

The injury element is known as the causation. It is one of most crucial aspects of a medical malpractice claim. To prove causation, the plaintiff must demonstrate that they sustained the injury on the basis of probabilities due to due to the negligence of the doctor. This can be a challenging task due to a variety of reasons.

For instance, a lot of injuries that are the subject of a medical-malpractice lawsuit stem from long-term, or ongoing conditions that were already in the process of being treated prior to. The time period for filing a medical malpractice lawsuit can be extended for a number of years and the development of injuries can happen slowly.

In these cases, it is difficult to prove that one particular medical professional's breach of the standard of care led to the injury. The attorney could have collected evidence, like medical records and expert testimony that the injured person may use.

During the discovery process, which is a part of the legal procedure getting ready for trial, your lawyer can seek disclosure of expert testimony and other documents from the defendants' attorneys. The doctor who is representing the case will be required to give a deposition. This is a testimonies that's given under an oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will then decide whether the plaintiff has proved the essential elements of their case such as breach of duty, causation, breach of duty and injury.

Negligence

When a hayward medical malpractice lawyer negligence claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician breached his or her professional obligations and that those breaches caused harm. The attorney representing the plaintiff must prove this by using evidence collected during discovery. This includes the request of documents, including medical records, from all parties involved in a lawsuit. Depositions, in which statements are made under oath and recorded for trial, are also a part of this process.

A doctor breached his or her professional duty when he/she did something that a reasonable prudent doctor would not do under the same circumstances. It must be established that the breach caused injury directly to the patient. This is referred to as causation or proximate cause. For example an individual goes to the hospital for a procedure to treat a hernia and ends up having his or his gall bladder removed instead. 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 legally defined period of time, called the statute of limitations which is different for each state. The victim must prove that the negligent care caused injury, and Vimeo then show how much compensation he or she is entitled to.

Damages

If a medical error has caused you to suffer injury, you are entitled to be compensated. Scaffidi & Associates can help you receive a fair and complete compensation for your losses.

The first step in a lawsuit is to file and serve a complaint, summons and other documents on all defendants. The parties then participate in discovery, a procedure in which documents and statements are made public under oath. During discovery, medical records and doctor's notes are typically requested.

In most states, you have to demonstrate four elements in order to be compensated for any injuries caused by medical malpractice: Billings Medical Malpractice Attorney a duty owed by the healthcare provider; a breach of that duty; a causal connection between the breach and the patient's injury and damages resulting from the injury. If your attorney can establish all of these elements, you have an excellent case for financial recovery in a claim for medical malpractice.

In some cases, the court may make punitive damages a possibility that is designed to punish a wrongdoer, and deter others from engaging in similar crimes. This is rare however, especially in medical malpractice cases. The courts must have very clear evidence of malice before they may give these extraordinary damages.