How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant breached his or her obligation to patients. This could include hospital and medical documents.

Our lawyers have a wealth of experience in conducting effective depositions. They could be doctors or other medical professionals in private practice, or working at a clinic or hospital.

Negligence

Patients have the right to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately, these standards are not always met or even complied with. This breach could have devastating results.

A lawsuit can be filed against a medical professional when patients are injured or suffers a death due to the negligence of the physician. To be able to make a valid claim, the patient must prove that there are four legal elements in place: duty, breach of duty, causation, and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medical practice within the medical profession, and causes injury to the patient. It is a part of tort law that deals with civil wrongs but not criminal or contractual duties.

Medical negligence is different from regular negligence in that the victim must prove that the doctor was aware, or ought to have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For instance a surgeon who accidentally cut a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice as the doctor did not intend to cause harm.

In a case of medical malpractice the defendant is under an obligation to treat the patient in accordance with the standard of care a reasonably prudent healthcare professional with the same experience and training in similar circumstances would offer. The breach of duty is crucial since it establishes that the negligence alleged caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses as a result a doctor's negligence. This can include both financial losses, such as the cost of future medical expenses and non-economic losses, like suffering and pain.

In order to obtain damages, it is essential to demonstrate that a doctor did not fulfill the law and that his violation of the standard of care led to injury, and the injury had quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that led to an infection or medical condition and you needed to seek additional treatment due to the result. Other damages aren't as evident, Toppenish Malpractice Lawsuit like when your doctor misdiagnoses you and you aren't able to receive the appropriate treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. You may seek punitive damages in addition to the money you'd receive in a survival lawsuit.

In most states, there are limitations on the amount you can recover in a Walled Lake Malpractice Lawsuit case. The caps differ from state to state and are often applicable to both economic and other damages. Certain states also have rules that limit the length of time you have to wait to make a claim.

Time Limits

Like any lawsuit there are time limits that must be followed or the case will be barred. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The time limit differs by state.

The time period can be complicated, so it is vital to consult with an attorney immediately. The law firm will conduct an investigation to determine if there were any mistakes and if the case will be heard in the court. This phase can last for months or weeks.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is modified. For example, in Pennsylvania a patient must submit a claim within two years from the date they discovered the malpractice or the date a reasonable person would have known that the harm existed. This is referred to as the discovery rule.

In certain states the statutes of limitation begin to run on the date that the medical error occurred. This can be a problem when the malpractice does not immediately trigger symptoms. For instance, suppose that doctors mistakenly leave an object foreign to the body following surgery. The patient might not find the foreign object until three or more years after the surgery. In this instance, the statutes of limitations could have been at the time of surgery rather than the moment of discovery.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. A plaintiff's expert will testify about doctors' obligations to the patient, medical requirements for doctors who have similar qualifications in the area and specialization, and the ways in which the defendant's conduct was different from the standard. The expert will explain how the defendant's departure directly caused the injury to the patient.

The defendant will employ an expert to counter the plaintiff's expert and provide their professional opinion as to whether the doctor was able to provide the required care. The experts may disagree but the fact-finder will decide which expert is most trustworthy.

It is best for an expert to be working in the medical field since they'll have a more knowledge of the current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than experts who rely solely on court testimony.

It is also beneficial to have an expert who is specialized in the field of malpractice. A medical expert who has had experience treating breast cancer for instance, can present a a convincing argument as to the cause of an injury. An experienced Ocala medical davie malpractice law firm attorney will know which expert witnesses to contact for your case.