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 could file a medical malpractice lawsuit. A successful lawsuit must prove the legal elements of medical negligence: duty, deviation from this duty, direct cause, and injury.

It is important for our clients to establish a direct link between the breach of duty and the harm which is referred to as proximate cause.

Causes of Injury

A medical malpractice claim can be filed by the victim or an attorney. Depending on the circumstances this may be the spouse of the patient, an adult child or parent, guardian ad Litem or the executor or administrator of the estate of the patient who died. The defendant in a suit for medical negligence is the health care provider. This could be a licensed nurse, doctor or therapist.

Expert testimony is usually required in cases of malpractice. Medical experts must be able to prove whether or not the health care provider adhered to the standards of care in their specific field. They must also testify as to the damage caused by the doctor’s actions or inactions.

Accidents caused by negligence or negligence can be very serious. For example, a mistake in the diagnosis of a Sheffield Lake Medical Malpractice Lawyer condition could result in 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 case the patient has to prove four legal elements: a duty that the doctor owed to them; a breach of this duty; a subsequent injury and damages. In certain states, like New York the law limits the amount of money that can be awarded in a case of malpractice.

Causation

The injury element, also referred to as causation, is one the most crucial elements in a greenbelt medical malpractice law firm malpractice case. To prove causation the plaintiff must prove that they sustained the injury on a balance of probabilities due to of the negligence of a physician. This is a challenging job due to various reasons.

For instance, many of the injuries that are the cause of a medical negligence lawsuit stem from long-term, or ongoing conditions that were present before treatment began. Often, the statute of limitations for a medical malpractice lawsuit extends over a variety of years and the injuries can develop gradually.

In these situations, it is difficult to prove that a specific medical professional's failure to adhere to the standards of care caused the injury. The attorney may have collected evidence, like medical records and expert testimony that the injured person may use.

During the discovery procedure as part of the legal process prepping for a trial your lawyer may request that the defendants' lawyers disclose expert testimony and other documents. The doctor who is defending the case will be asked to testify in a deposition. This is a testimonies which is under an oath. Your lawyer can cross-examine the doctor and contest their conclusions. The jury will decide thomplaint and summons on all defendants named in the lawsuit. The parties engage in discovery. It is a process where documents and evidence are presented under oath. During discovery, medical records and doctor's notes are typically requested.

In most states, to be eligible for compensation for injuries incurred by negligence, you must to prove four things including a duty of good faith that the healthcare provider is obligated to perform, a breach of this obligation; a causal connection between the breach and injury; and damages resultant from the injury. If your lawyer can prove all of these elements, you can make a an excellent case for financial recovery in a medical malpractice case.

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