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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 following gall bladder surgery may pursue a medical malpractice suit. A successful claim must prove the elements of Pasco medical Malpractice Lawsuit negligence: duty, deviation from the norm and direct cause.

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

The reason for injury

A medical malpractice claim may be filed by the victim or an attorney. Depending on the circumstances it could be the spouse of the patient or an adult child parent, a guardian ad litem, or the executor or administrator of the estate of the patient who died. The defendant in a medical malpractice suit is the health professional. It could be an accredited nurse, doctor or therapist.

Expert testimony is typically required in cases of malpractice. Medical experts are required to provide evidence to prove that the doctor performed his duties in accordance with the standard of care in his or her specific area of expertise. They also have to testify to the harm caused by the doctor's actions or inactions.

The consequences of negligence and mistakes can be catastrophic. A misdiagnosis can have serious consequences, such as an illness that could be life-threatening. Other types of injuries be caused by operating on an incorrect body part or leaving surgical instruments inside the patient.

The patient must prove four legal elements of a malpractice lawsuit the duty owed to the patient by the doctor; a breach of this duty; injury caused by the breach and resulting damages. In certain states, like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element is also called the causation. It is one of most important aspects in a medical malpractice claim. 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.

For instance, many of the injuries that are the basis of a hoover medical malpractice attorney malpractice lawsuit stem from long-term, or ongoing ailments that were present prior to the time of treatment. Often, the statute of limitations for a medical negligence claim is extended over a period of years, and the injuries may develop slowly.

In these instances it is necessary to prove that a medical professional's failure to adhere to the standard of care which led to the injury is difficult. However, the patient who is afflicted may be able to use evidence gathered by the attorney, such as medical records and expert testimony.

In the discovery process which is an element of the legal process for the preparation of 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 testify in deposition. This is a testimony that's given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has established that the allegations of the case are true including breach of duty, breach of contract and causation.

Negligence

If a medical malpractice lawsuit is filed the plaintiff must to convince the jury that it was more likely than not that the doctor breached his or her professional duties and those violations caused harm. The attorney representing the plaintiff must demonstrate this using evidence gathered during pretrial discovery. This includes the request of documents, including medical records as well as other documents from all parties in the lawsuit. Depositions, where statements are made under oath, and recorded to be used at trial, are also a part of this process.

A doctor breached his or her professional obligations when he or she did something that a reasonably prudent physician would not do in the same circumstances. It must be proven that the breach caused injury directly to the patient. This is known as causation or proximate cause. A patient might go to the hospital to have a hernia repaired, but instead end up having their gall bladder removed. This is medical negligence since the procedure was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a legal time frame, also known as the statute of limitations. This varies from state to state. The victim must prove that the negligent treatment caused injury, and then they must show what compensation they deserve.

Damages

If medical negligence caused you to sustain an injury, you should be compensated. Scaffidi & Associates can help you get fair and complete compensation for your losses.

The first step is filing and serving the complaint and summons to all named defendants in the lawsuit. The parties then engage in discovery, a process in which documents and declarations are made public under oath. Medical records and the notes of a doctor are typically requested during discovery.

In most states, to receive compensation for injuries caused by malpractice, you have to establish four elements that include a duty of care 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, you have an argument for financial recovery in a medical negligence claim.

In some cases the court can give punitive damages, which are intended to penalize the offender and deter others from committing the same offense. However, this is rare in medical malpractice cases as courts require specific proof of malice to make these extraordinary awards.