How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor requires evidence that the defendant breached his or her duty to patients. This evidence could include hospital and medical records.

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

Negligence

If a patient is seen by a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. Unfortunately these standards aren't always met or even complied with. The consequences of this breach can be devastating.

A lawsuit can be filed against a medical professional when patients are injured or dies because of the negligence of the doctor. In order to have a legitimate claim, the injured patient must prove that four legal elements are present in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission by a physician that deviates from the accepted norms of medicine in the medical field, and results in injury to the patient. It is an aspect of tort law that deals with civil violations that are not legal obligations or criminal offenses.

Medical negligence is different from regular negligence in that the party who suffers has to prove that the doctor knew, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to harm anyone.

In an instance of medical malpractice the defendant's responsibility is to treat the patient according with the standard of care that a reasonably knowledgeable health professional with similar experience and expertise would offer in similar circumstances. The breach of duty is important because it demonstrates that the alleged negligent conduct caused the injury.

Damages

The damages you incur in a case of malpractice are determined by the losses you have suffered as a result of the negligence of a physician. This could include financial losses, including future medical bills, and non-economic damages such as discomfort and pain.

In order to recover damages, you must prove that the doctor violated the duty of care, that the doctor's deviation from the norm caused injury, and that this injury had quantifiable monetary consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are evident for fox Lake malpractice law firm instance, if your doctor made an error that led to an infection or firm medical condition that required additional treatment in the aftermath. Other losses are not as evident, for instance, if your doctor has misdiagnosed you and you aren't able to receive the appropriate treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. In these claims you're legally entitled to all the compensation you could have gotten in a survival lawsuit as well as punitive damages.

In many states, there are limits on what you can claim in a lawsuit for palmer malpractice Law firm. These caps vary by state, and often apply to both economic and non-economic damages. Certain states have laws that limit the time you can wait before filing an action.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The time limit differs by state.

The time limit is complex, and it is crucial to consult an attorney right away. The law firm will conduct an investigation to determine if there were any mistakes and if the case will stand up in court. This stage can take up to a few weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often modified. For instance, in Pennsylvania the patient has to file a claim within two years from the date they were aware of the malpractice, or when a reasonable person would have recognized that the harm existed. This is referred to as the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This could be problematic if the act is not immediately causing symptoms. For example, suppose doctors mistakenly leave an object foreign to the body following surgery. The patient might not be aware of the foreign object until at least three years after the surgery. In this case the statute of limitations might have started to run from the date of the surgery instead of the moment the error was discovered.

Expert Witnesses

Many medical alma malpractice attorney cases rely on expert witnesses to present the facts of the case. An expert witness for the plaintiff will testify on doctors' obligations to the patient, the medical standards for physicians who have similar qualifications in the field and specialization, and the ways in which the defendant's conduct was different from the standards. The expert will then explain how the deviance directly led to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and provide their professional opinion on whether the doctor met the standards of care. It is normal for experts to disagree with each other, but the fact finder determines who is the most trustworthy on their education and experience.

It is advisable for the expert to be still working in the medical profession since they are more knowledgeable about current practice. Judges and jurors tend to consider professionals who are practicing more credible than experts who solely rely on court testimony.

It is also preferable to get an expert witness who is skilled in the area of the malpractice. A medical professional who has had experience treating breast cancer for instance, can provide a convincing argument as to the reason for an injury. A knowledgeable Ocala medical malpractice attorney will know which expert witnesses to consult for your case.