How to File a Medical Malpractice Case
A patient who discovers an object foreign to the body like surgical clamps, remain inside her body after gall bladder surgery may be able to file a lawsuit for dixon medical malpractice law firm (vimeo.com) malpractice. A successful claim must establish the legal elements of medical negligence: duty, deviation from this duty, direct cause and injury.
Our clients must establish a direct link between the breach of duty, and the injury. This is known as proximate cause.
The reason for injury
A medical malpractice case can be filed by the person who has been injured or a person who is legally authorized to represent them. Depending on the circumstances this 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 patient who died. In a bolingbrook medical malpractice lawyer malpractice case, the defendant is the health care provider. This could be a doctor, nurse, therapist or any other licensed health professional.
Expert testimony is often required in cases of malpractice. Medical experts must testify as to whether or the medical professional was in compliance with the standard of care for their particular area of expertise. They also need to testify on the harm caused by the physician’s actions or inactions.
Injuries caused by negligence and mistakes can be devastating. For example, a mistake in the diagnosis of a health problem could have life-threatening effects. Other kinds of injuries include operating on the wrong body part or putting instruments inside the patient during surgery.
The patient must establish four legal elements in a malpractice claim that include a duty owed to the patient by the physician or a breach of the duty; an injury caused by the breach and resulting damages. In some states, such as New York, the law restricts the amount of money that can be awarded in 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 establish causation, the plaintiff must prove that the injury was caused by the physician’s negligence. This can be a difficult task for several reasons.
Many of the injuries that form the basis of a medical negligence lawsuit stem from long-term or ongoing illnesses that existed before treatment started. The time limit for a medical malpractice lawsuit can be extended for a number of years and injuries may develop slowly.
In these situations it is often difficult to prove that one particular medical professional’s breach of the standard of care caused the injury. The attorney may have collected evidence, like expert testimony and medical records which the injured patient can utilize.
During the discovery process, which is a component of the legal procedure for prepping for trial, your lawyer may request the disclosure of expert testimony and other documents from lawyers of the defendants. The doctor defending the lawsuit is then called to testify during deposition, which is testimony given under oath. Your lawyer may cross-examine the doctor and challenge their conclusions. The jury will then decide whether the plaintiff has proved the essential elements of their case, including duty, breach, causation and injury.
Negligence
The plaintiff must convince the jury when bringing a lawsuit for medical malpractice that it is likely that the doctor violated the obligations of physician and that the violations caused injury. The plaintiff’s attorney must demonstrate this using evidence obtained during discovery. This includes soliciting documents, including medical records, from all parties involved in the lawsuit. This also includes sworn statements that are recorded and used at trial.
A doctor violated his or her professional obligations if he or she did something that a reasonable prudent doctor would not do in the same circumstances. However, it must be proven that the breach directly caused the injury to the patient. This is known as causation or the proximate cause. A patient might visit the hospital to repair a hernia however, they 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 legal time limit, known as the statute of limitations. This is different from state to state. The person who has suffered injury must prove that the care provided was substandard and caused injury and then he or she must prove the amount of financial compensation he or her deserves.
Damages
You should be compensated for any injuries you’ve suffered as a result of pleasant hills medical malpractice attorney negligence. At Scaffidi & Associates, we can help you receive full and fair compensation for your losses.
The first step in a lawsuit is to file and serve a complaint or summons, as well as other documents on all defendants. The parties participate in discovery. This is a process where documents and statements are made public under the oath. Medical records and notes of the doctor are typically sought during discovery.
In most states, to be eligible for compensation for injuries incurred by malpractice, you need to prove four things including a duty of good faith that is due to the healthcare provider, a breach of this obligation; a causal connection between the breach and injury; and damages that result from the injury. If your attorney can prove all these aspects of a medical negligence claim, you will have an impressive case.
In some cases, courts can give punitive damages, which are intended to punish the offender and deter others from engaging in similar misconduct. However, this isn’t the norm in medical malpractice cases as courts require clear evidence of malice to award these extraordinary awards.
