How to File a mount zion medical malpractice lawsuit Malpractice Case

A patient who discovers a foreign object such as surgical clamps within her body after gall bladder surgery is able to file a lawsuit for medical malpractice. A successful claim has to prove the elements of medical malpractice: duty, deviation from this duty and the direct reason.

It is important for our clients to establish a direct causal connection between the breach of duty and the harm, known as proximate causation.

Cause of Injury

A claim for medical malpractice can be filed either by the person who was injured or Vimeo a legal representative. Depending on the circumstances this may 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 case of medical malpractice the defendant is the health care provider. This could be a nurse, doctor, therapist or any other licensed health care professional.

Expert testimony is usually required in cases of malpractice. Medical experts are required to testify on whether or not the health care provider followed the standard of care for their particular field. They also have to testify to the harm that was caused by the actions or inactions of a doctor.

The consequences of negligence and mistakes can be devastating. A mistake in diagnosis can have devastating consequences, including the possibility of a life-threatening illness. Other types of injuries include operating on the wrong part or putting instruments inside the patient during surgery.

In order to prove a malpractice claim the patient has to prove four legal elements: a duty that the doctor owed to them; a breach of the breach; a resulting injury; and damages. In certain states, like New York the law limits the amount of money awarded in a case of malpractice.

Causation

The injury element is called the causation. It is one of the most crucial aspects of a medical malpractice claim. To prove causation, a plaintiff must demonstrate that they sustained the injury based on a balance of probabilities due to of the negligence of a physician. This is a challenging task for several reasons.

Many of the injuries that are the basis for a medical negligence lawsuit result from long-term illnesses or issues that existed before treatment started. The time limit for a medical malpractice lawsuit can be extended over the course of several years and the development of injuries can happen slowly.

In these cases it is difficult to prove that a medical professional's failure to adhere to the standard of care led to the injury is difficult. The attorney may have gathered evidence, including expert testimony and medical records, that the injured patient can use.

During the discovery process, which is an integral part of the legal process for preparing for trial, your lawyer could request the disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor who is defending the lawsuit is then called to testify during a deposition, which is testimony given under oath. Your lawyer is able to cross-examine doctor and contest their findings. The jury will decide whether the plaintiff has established all the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when filing a claim for medical malpractice, that it is likely that the physician violated his or her obligations as medical professional and that these violations caused injury. The lawyer representing the plaintiff must demonstrate this by presenting evidence through pretrial discovery, which includes asking for disclosure of documents such as medical records from all parties who are involved in the lawsuit. Depositions, in which statements are made under oath and recorded for use in trial, are also a part of this procedure.

A doctor breached his or her professional duty when he/she did something that a reasonable prudent physician would not do in similar circumstances. It must be proven that the breach caused the injury directly to the patient. This is referred to as causation or proximate causes. A patient could visit a hospital to have a hernia repaired, however, they end up having their gall bladder removed. This is medical malpractice as the removal of the gall bladder was not beneficial to the patient.

Medical malpractice lawsuits must be filed within a specific legal period, referred to as the statute of limitations. This is different from state to state. The victim must prove that the negligence caused injury, vimeo and then demonstrate the amount of compensation they are entitled to.

Damages

If medical negligence has caused you to suffer an injury, you have the right to be made whole. Scaffidi & Associates can help you receive fair and full compensation for your losses.

The first step is to file and serve a summons and complaint to all defendants named in the lawsuit. The parties then participate in discovery, a process in which documents and declarations are made public under oath. During discovery, medical records and doctor's notes will usually be requested.

In many states, to receive compensation for injuries caused by malpractice, you need to prove four things including a duty of good faith that is 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 establish all of these elements, then you've got an argument for financial recovery in a medical malpractice case.

In some cases the court can decide to award punitive damages. These are designed to punish the wrongdoer and deter others from engaging in similar misconduct. However, this isn't the norm in medical malpractice cases, as the courts require extremely specific proof of malice to award these extraordinary awards.