How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant breached his or her obligation to patients. This evidence may include medical and hospital documents.

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

Negligence

If a patient is seen by a doctor or hospital professional, they are entitled to certain standards of medical treatment. Unfortunately they aren't always adhered to or even observed. This breach could have devastating results.

If someone suffers injury or death as a result of a physician's negligence, they can pursue a lawsuit against the medical professional. To prove a case, the person who was injured must demonstrate four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice is defined as an act or omission committed by a physician that deviates from the accepted norms of practice in the medical community, and inflicts harm on the patient. It is an aspect of tort law that addresses civil wrongs that aren't legally binding or criminal in nature.

Medical negligence is different from regular negligence because the injured party must show that the doctor was aware that their actions could cause harm in order to be able to claim malpractice, Vimeo however normal negligence is not required. For instance an surgeon who accidentally cut a vein or nerve during surgery is in the wrong of negligence, but not malpractice because the surgeon did not intend to cause harm.

In the event of a medical malpractice lawsuit the defendant's responsibility is to treat the patient in line with the standards of care that a prudent health care professional of similar experience and education could provide in similar situations. The breach of duty is crucial because it demonstrates that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you sustained as a result of negligence by a doctor. These could include both financial loss, such as the expense of medical treatment in the future, and non-economic losses such as pain and suffering.

To recover damages, you need to establish that a doctor acted in violation of the duty of care and that his deviance from the standard of care led to injuries, and the damage caused financial harm that was quantifiable. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses can be spotted immediately, for instance an error by a doctor resulted in an infection or other medical complications that required further treatment. Certain damages are more difficult to see in the event that an expert misdiagnoses your illness and you don't receive the right treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. You can seek punitive damages in addition to the amount you would get in a lawsuit for survival.

In the majority of states, there are limits on the amount you can recover in a malpractice case. These limits vary from state to state and are usually applicable to both economic and other damages. Certain states also have rules that limit how long you can wait to bring a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or the case could be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice arising. The deadline varies according to state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was malpractice and if the case can be heard in the court. This stage can take up to a few weeks or even months.

Medical south pasadena malpractice lawsuit cases have different laws than other types of cases, and often the statute of limitation is modified. In Pennsylvania the statute of limitations for Vimeo medical malpractice is two years from the time that they were aware of the error. This is known as the discovery rule.

In some states, the statutes of limitations start to run on the date on which the medical error occurred. This can be problematic if the act doesn't immediately cause symptoms. For example, suppose an unintentionally negligent doctor leaves a foreign object inside the body after surgery. The patient might not be aware of the foreign object until three or more years after the surgery. In this case, the statute of limitations could have begin running from the date of the surgery instead of the moment of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to clarify the facts of the case. The expert of the plaintiff will testify regarding the doctor's duty to the patient, the medical requirements for doctors who have similar qualifications in their area and specialty and the ways that the defendant's actions were contrary to those standards. The expert will describe how the defendant's deviance directly impacted the patient's injuries.

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

It is preferential for the expert to be working in the medical profession since they are more knowledgeable about current practice. Judges and jurors are likely to consider professionals who are practicing more credible than experts who rely only on the testimony of a court.

It is also recommended to hire an expert witness who specializes in the field of malpractice. For example, a medical expert who is well versed in treating breast cancer can provide an argument more convincing regarding the reason for a plaintiff's injury. A medical malpractice lawyer in Ocala will know which expert witnesses to consult.