How to File a Medical Malpractice Case

A patient who discovers that an object that is foreign like surgical clamps, is still inside her body after gall bladder surgery could be able to file a lawsuit for medical malpractice. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from the duty, and direct reason.

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

Cause of Injury

A medical negligence case may be filed by the injured patient or a person who is legally authorized to act on their behalf. Based on the circumstances, it could be the spouse of the patient or an adult child, parent, guardian ad Litem or the executor or administrator of the estate of the deceased patient. In a medical malpractice case, the defendant is the health care provider. It could be an accredited nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts must testify as to whether or whether the health professional was in compliance with the standard of care for their particular area of expertise. They also have to testify to the harm that was caused by the actions or inactions of a doctor.

Accidents caused by negligence or negligence can be very serious. For example, a misdiagnosis of a health condition can have life-threatening effects. Other types of injuries can involve operating on the wrong body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice lawsuit that include a duty owed to the patient by the doctor or a breach of the duty; injury caused by the breach; and the consequential damages. In some states, such as New York, the law restricts the amount of money that can be awarded in a malpractice claim.

Causation

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

For instance, a lot of injuries that are the subject of a medical malpractice lawsuit are the result of long-term or ongoing conditions that were present prior to treatment. Often the statute of limitation for a caldwell medical malpractice lawyer malpractice lawsuit extends out over a number of years and the injuries can develop gradually.

In these cases, proving that a medical professional's breached the standard of care and led to the injury is difficult. The attorney could have gathered evidence, including medical records and expert testimony that the injured person can utilize.

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer can seek disclosure of expert testimony and other evidence from defense attorneys of the defendants. The doctor who is representing the case will be asked to testify in a deposition. This is a statement that is given under oath. Your lawyer will be able to challenge the doctor's findings and cross-examine them. The jury will decide if the plaintiff hased during discovery.

In most states, to receive compensation for injuries caused by negligence, you must to establish four elements: a duty of care due to the healthcare provider and a breach of that duty; a causal link between the breach and injury and damages that result from the injury. If your attorney can establish all of these elements, then you've got an argument for financial compensation in a claim for medical malpractice.

In some instances the court can award punitive damages, which are intended to penalize the offender and deter others from engaging in similar misconduct. But, this isn't often the case in medical malpractice cases because the courts require specific proof of malice to award these extraordinary awards.