5. Medical Malpractice Settlement Projects For Any Budget

How to File a Medical Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps within her body following gall bladder surgery may make a claim for medical malpractice. A successful claim has to prove the elements of vandergrift medical malpractice attorney malpractice: duty, deviance from the duty, and direct cause.

Our clients must establish a direct link between the breach of duty and the injury. This is known as the proximate cause.

Causes of Injury

A medical malpractice claim can be filed by the person who has been injured or by a person legally appointed to act on their behalf. Depending on the circumstances this may be the spouse of the patient, an adult child or parent, a guardian ad-litem or executor or administrator of the estate of the deceased patient. The plaintiff in a medical malpractice suit is the health professional. This could be a doctor, nurse or therapist, or any other licensed health care professional.

Expert testimony is often required in cases of malpractice. Muskego Medical Malpractice Attorney experts must testify as to whether or the medical professional was in compliance with the standard of care for their particular field. They must also testify as to the harm resulting from the actions or inactions of the doctor.

Injuries that result from malpractice or negligence can be extremely serious. For example, a mistake in the diagnosis of a health problem could have life-threatening consequences. Other kinds of injuries include performing surgery on the wrong body part or leaving instruments inside the patient during surgery.

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

Causation

The element of injury is called the causation. It is one of the most crucial aspects of a medical malpractice claim. To establish causation, the plaintiff must show that they suffered an injury on a balance of probabilities as a result of the negligence of the doctor. This can be a challenging job due to a variety of reasons.

Many of the injuries that are the basis of a medical negligence lawsuit result from long-term or ongoing issues that existed before treatment started. The time period for filing a medical malpractice case could be extended over the course of several years, and injuries can develop slowly.

In these cases the proof that a medical professional’s failure to adhere to the standard of care and led to the injury can be difficult. The attorney could have gathered evidence, such as medical records and expert testimony, that the injured patient can utilize.

During the discovery process, which is a component of the legal procedure for getting ready for trial, your lawyer may request the disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is defending the case will be required to testify in a deposition. This is a statement that is given under an oath. Your lawyer will be able to cross-examine doctor and contest the doctor’s findings. The jury will decide then if the plaintiff has proven the necessary elements of their claim, which includes the duty of care, breach, causation and injury.

Negligence

When a medical malpractice claim is filed the plaintiff must to convince the jury that it was more likely than not that the physician violated professional duties and that the breached duties caused injury. The plaintiff’s lawyer must show this through evidence gathered through pre-trial discovery, which involves the disclosure of documents, including medical records from all parties involved in the lawsuit. The process also involves swearing statements that are recorded and used in trial.

A doctor has breached their professional obligation in the event that they did something reasonable and prudent doctors would not have done under similar circumstances. It must be established that the breach resulted in injury directly to the patient. This is referred to as causation or proximate causes. A patient may go to the hospital in order to repair a hernia, however, they end up having their gall bladder removed. This is medical negligence since the removal did not benefit the patient.

Medical malpractice lawsuits must be brought within a legally regulated period of time, called the statute of limitations, that varies from state to state. The victim must prove that the substandard care caused injury and then prove the amount of financial compensation he or she deserves.

Damages

You are entitled to compensation for any injuries you’ve suffered due to medical negligence. At Scaffidi & Associates, we can help you receive the full and fair compensation for your losses.

The first step is filing and serving the complaint and summons to all defendants named in the lawsuit. The parties then proceed to discovery, a process by which documents and statements are made public under oath. During discovery medical records and notes from a doctor will usually be requested.

In the majority of states, you must establish four elements to be compensated for the injuries caused by medical malpractice: a duty owed by the healthcare provider and a breach of that duty; a causal relationship between the breach and the injury suffered by the patient as well as damages that result from the injury. If your lawyer can prove all of these elements of a medical negligence claim, you will have a convincing case.

In some cases, a court may make punitive damages available, which are intended to penalize the wrongdoer and deter others from engaging in the same conduct. This is rare however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they can give these extraordinary damages.