How to File a Medical Malpractice Case

A patient who discovers a foreign object such as surgical clamps inside her body after gall bladder surgery could make a claim for medical malpractice. A successful claim has to prove the elements of medical negligence: duty, Maryland Medical Malpractice Lawyer deviation from this duty and the direct cause.

It is vital for our clients to establish a direct causal connection between the breach of duty and the injury that is known as proximate causation.

Cause of Injury

A medical malpractice claim can be initiated by the patient who was injured or a person legally designated to act on their behalf. It could be the spouse, adult child, parent, guardian or administrator of a deceased patient's estate depending on the specific circumstances. The plaintiff in a suit for medical negligence is the health professional. This could be a doctor, nurse, therapist or any other health care professional.

Malpractice cases typically involve a lot of expert testimony. Medical experts are required to testify on whether or whether the health professional adhered to the standards of care in their specific field. They also need to testify on the injury caused by the physician's actions or inactions.

The consequences of negligence and negligence can be very serious. A misdiagnosis can have serious consequences, including the possibility of a life-threatening illness. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

In order 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 resultant injury; and damages. In certain states, like New York the law limits the amount of money awarded for a malpractice claim.

Causation

The injury element, also referred to as causation, is one the most important elements of medical malpractice cases. To establish causation the plaintiff must prove that the injury was caused by a physician's negligence. This can be a challenging task for several reasons.

For instance, many injuries that are the subject of a medical malpractice lawsuit stem from long-term or ongoing conditions that were present prior to the time of treatment. The time limit for medical malpractice cases can be extended over several years and the development of injuries can happen slowly.

In these instances it is difficult to prove that a medical professional's breach of the standard of care that led to the injury is not easy. The attorney may have gathered evidence, such as medical records and expert testimony that the injured person can utilize.

During the discovery process, which is a part of the legal process for preparing for trial, your lawyer can ask for the disclosure of expert testimony and other evidence from lawyers of the defendants. The doctor defending the lawsuit will then be called to testify during depositions, which are testimony that is under oath. Your lawyer is able to cross-examine doctor and contest their conclusions. The jury will decide whether the plaintiff has proved that the allegations of the case are true which include breach of duty, breach and causation.

Negligence

The plaintiff must convince the jury, when filing a claim for medical malpractice that it is more likely that the doctor did not fulfill his or her responsibilities as medical professional and that these actions led to injury. The lawyer for the plaintiff must prove this using evidence gathered through pretrial discovery, which involves the disclosure of documents, including maryland Medical malpractice lawyer records from all parties who are involved in the lawsuit. Depositions, wherein statements are made under oath and recorded for maryland Medical malpractice Lawyer trial, are also a part of this procedure.

A doctor has breached their professional duty by doing something that an ordinary prudent doctor would not have done under the same circumstances. It must be proven that the breach caused the injury directly to the patient. This is referred to as causation, or proximate causes. For example an individual goes to the hospital for a hernia procedure and is later told that he or the gall bladder removed instead. This is medical negligence as the procedure did not benefit the patient.

Medical malpractice suits must be filed within the legal time frame, also known as the statute of limitations. This is different from state to state. The victim must prove that the substandard care resulted in injury, and then demonstrate the amount of compensation he or she is entitled to.

Damages

If a medical error has caused you to suffer a traumatic injury, you deserve to be compensated. At Scaffidi & Associates, we can assist you to receive an adequate and fair amount of compensation for your loss.

The first step in a lawsuit is to file and serve a complaint as well as summons and other documents on all defendants. The parties then begin discovery, in which documents and statements are revealed under oath. redding medical malpractice attorney records and the doctor's notes are typically requested during discovery.

In many states, to receive compensation for injuries caused by negligence, you must to prove four things 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 resultant from the injury. If your attorney can prove all of these elements of a medical negligence claim, you'll have a strong case.

In some cases the court could decide to award punitive damages which is intended to punish the wrongdoer and discourage others from committing similar crimes. This isn't often, however, in medical malpractice cases. The courts must have very clear evidence of malice before they may give these extraordinary damages.