How to File a fort pierce medical malpractice law firm Malpractice Case

A patient who finds an object foreign to the body such as surgical clamps inside her body after gall bladder surgery may bring a lawsuit against a doctor for medical negligence. A successful claim must demonstrate the elements of medical malpractice: duty, deviance from this duty and direct cause.

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

Cause of Injury

A medical malpractice claim can be filed either by the person who was injured or an attorney. Depending on the circumstances, this may be the spouse of the patient, an adult child or parent, a 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 licensed doctor, nurse or therapist.

Malpractice cases usually involve an abundance of expert testimony. Medical experts are required to be able to testify that the health care provider did what was required of care in his or her special area of expertise. They must also testify about the injury caused by the physician's actions or inactions.

Injuries resulting from malpractice and negligence can be very serious. For instance, a misdiagnosis of a health issue could have life-threatening effects. Other types of injuries include operating on the incorrect body part or putting surgical instruments in the patient.

The patient must prove four legal elements of a malpractice lawsuit which include a duty to the patient by the physician and a breach of that duty; injury caused by the breach; and the consequential damages. In certain states, like New York, the law puts a limit on amount of money that could be awarded in an injury resulting from a malpractice claim.

Causation

The element of injury is called the causation. It is one of most important aspects of a medical malpractice claim. To prove causation the plaintiff must prove that they suffered their injury based on a balance of probabilities as a result of the negligence of a physician. This is a difficult job due to a variety of reasons.

Many of the injuries that are the basis of medical negligence lawsuits result from long-term or ongoing conditions which were present before treatment started. Often the statute of limitation for a medical malpractice claim extends over a variety of years and the injuries may develop slowly.

In these instances it is difficult to prove that a medical professional's breach of the standard of care which led to the injury is not easy. However, the patient who is afflicted may be able to use evidence collected by the attorney, including medical records and expert testimony.

During the discovery process, which is part of the legal procedure preparation for trial, your lawyer will seek disclosure of expert testimony and other documents from defendants' attorneys. The doctor who is defending the case will be required to give deposition. This is a statement that is given under oath. Your

The first step in a lawsuit is to make a complaint and serve it or summons, as well as other documents on all defendants. The parties then engage in discovery. This is a process in which documents and declarations are presented under oath. Medical records and notes of the doctor are typically sought during discovery.

In many states, to receive compensation for injuries caused by malpractice, you need to establish four elements 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 caused by the injury. If your lawyer can prove all of these elements, then you've got an extremely strong case for financial compensation in a claim for medical malpractice.

In certain cases the court can give punitive damages, which are intended to penalize the perpetrator and discourage others from engaging in similar conduct. This is not the norm however, especially in medical malpractice cases. The courts must be able to prove evidence of malice before they may give these extraordinary damages.