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 lawsuit must establish the elements of Virginia Medical Malpractice Lawyer malpractice: duty, deviance from this duty and direct cause.

It is crucial for our clients to establish a direct connection between the breach of duty and the damage called proximate causation.

Cause of Injury

A medical malpractice case can be filed by the injured person or a person legally designated to act on their behalf. Depending on the circumstances it could be the spouse of the patient or an adult child parent, guardian ad litem or the administrator or executor of the estate of the patient who died. The plaintiff in a lawsuit for medical malpractice is the health care provider. This could be a licensed doctor, nurse or therapist.

The majority of cases involving malpractice involve many expert witnesses. Medical experts are required to testify whether or whether the healthcare provider followed the standard of care in their specific field. They must also testify regarding the injury caused by the doctor's actions or inactions.

Injuries caused by negligence and malpractice can be severe. For instance, a wrong diagnosis of a medical condition could result in life-threatening consequences. Other types of injuries involve operating on the wrong body part or leaving surgical instruments inside the patient.

The patient must establish four legal elements in a malpractice claim: a duty owed to the patient by the physician and a breach of that obligation; an injury resulting by the breach and the resulting damages. In some states, such as new ulm medical malpractice attorney York, the law places a limit on the amount of money that could be awarded for the malpractice claim.

Causation

The injury element is called the causation. It is one of the most crucial elements in a medical negligence claim. To prove causation, the plaintiff must show that they sustained their injury on the basis of probabilities due to of the negligence of a physician. This is a challenging task due to a variety of reasons.

Many injuries that are the basis for a medical negligence lawsuit stem from long-term conditions or ongoing issues that existed before treatment began. The statute of limitations on a medical malpractice lawsuit can be extended over a period of time, and injuries can develop slowly.

In these cases, it is difficult to prove that a specific medical professional's violation of the standard of care caused the injury. The attorney could have collected evidence, such as high point medical malpractice lawyer records and expert testimony that the patient who was injured can utilize.

During the discovery process, which is a part of the legal process for preparation for a trial, your attorney can request that the lawyers representing the defendants disclose expert testimony and other documents. The doctor defending the lawsuit will then be required to testify in a deposition, which is testimon the lawsuit. The parties participate in discovery. This is a procedure where documents and evidence are disclosed under the oath. During discovery, medical records and doctor's notes will typically be sought.

In most states, in order to receive compensation for injuries sustained by malpractice, you have to prove four things that include a duty of care owed by the healthcare provider, a breach of this duty; a causal link between the breach and injury; and damages caused by the injury. If your lawyer can prove all of these elements, you can make a an argument for financial compensation in a medical negligence claim.

In certain instances the court can give punitive damages which is intended to punish the perpetrator and discourage others from committing similar acts. It is not common however, particularly in medical malpractice cases. The courts must have clear evidence of malice before they are able to award these extraordinary damages.