• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps within her body after gall bladder surgery can file a lawsuit for medical malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct causes, and injury.

It is important for our clients to establish a direct connection between the breach of duty and the harm, known as proximate causation.

The reason for injury

A medical malpractice lawsuit can be filed by the injured person or a person legally designated to act on their behalf. Based on the circumstances, it could be the spouse of the patient or an adult child parent, a guardian ad litem or the administrator or executor of the estate of the deceased patient. The plaintiff in a medical malpractice attorney malpractice lawsuit is the health professional. This could be an accredited nurse, doctor or therapist.

Expert testimony is usually required in malpractice cases. Medical experts are required to testify as to whether the medical professional was acting in accordance with the standards of medical care within their special area of expertise. They also have to testify to the damage caused by the actions or inactions of the doctor.

Injury caused by negligence and mistakes can be catastrophic. For instance, a wrong diagnosis of a health issue could have life-threatening effects. Other types of injuries can include operating on the wrong body part or leaving surgical instruments inside the patient.

To prove a malpractice claim, the patient must prove four legal elements: a duty that the doctor owed to them; a breach in this duty; a resultant injury and damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The element of injury is known as the causation. It is among the most important elements in a medical malpractice claim. To establish causation the plaintiff must demonstrate that their injury was the result of the doctor's negligence. This can be a difficult job due to various reasons.

Many of the injuries that are the basis for a medical negligence lawsuit result from chronic conditions which were present before treatment started. The time limit for a medical malpractice case could be extended for a number of years and injuries may develop slowly.

In these instances it can be difficult to prove that a specific medical professional's breach of the standard of care caused the injury. The attorney may have gathered evidence, such as expert testimony and medical records that the patient who was injured can utilize.

During the discovery procedure that is part of the legal process for prepping for a trial your attorney can request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the lawsuit will then be required to testify in deposition, which is testimony that is under the oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide whether the plaintiff has proved the facts of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury, when bringing a lawsuit for medical malpractice, that it is more than likely that the physician violated the obligations of physician and that the breaches resulted in injury. The plaintiff's lawyer must be able to prove this by utilizing evidence collected during discovery. This involves the request of documents, including medical records, from all parties involved in the lawsuit. Depositions, wherein statements are made under oath, and recorded for use in trial, are also part of this procedure.

A doctor has violated his or her professional obligation when he or she did something that a prudent doctor would not do in similar circumstances. However it must be proven that the breach directly caused the injury to the patient. This is referred to as causation or proximate cause. A patient might visit the hospital to have a hernia fixed, but end up having their gall bladder removed. This is medical malpractice since the removal of the gall bladder did not benefit the patient.

Medical malpractice lawsuits must be filed within a legally regulated period of time, also known as the statute of limitations, which is different for each state. The patient who is injured must prove that the negligence resulted in injury, and then prove the amount of financial compensation he or she deserves.

Damages

If medical negligence caused you to suffer a traumatic injury, you are entitled to be compensated. At Scaffidi & Associates, we will assist you in receiving an adequate and fair amount of compensation for your losses.

The first step is filing and serving a summons and complaint to all defendants named in the lawsuit. The parties then engage in discovery, in which documents and statements are made public under the oath. During discovery, medical Malpractice law firm - http://artrecord.kr/ - records and doctor's notes are typically requested.

In most states, to receive compensation for injuries caused by negligence, you must to establish four elements that include a duty of care owed by the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages resulting from the injury. If your lawyer can demonstrate all of these elements of a medical negligence claim, you will have a strong case.

In some instances, the court may make punitive damages a possibility which is intended to punish a wrongdoer, and discourage others from committing similar crimes. It is not common however, in medical malpractice cases. The courts must have a clear evidence of malice before they can give these extraordinary damages.