How to File a Medical Malpractice Lawsuit

A medical mount prospect malpractice lawyer lawsuit against a doctor or hospital must prove that the defendant acted in breach of his or her obligation to patients. This evidence may include hospital and medical documents.

Our attorneys have a wealth of experience in taking depositions that are effective. They may be doctors, other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

When a patient sees a doctor, hospital or health care professional is entitled to certain standards of medical care. Unfortunately the standards aren't always met or even complied with. This can lead to devastating consequences.

A lawsuit can be brought against a medical professional if patients are injured or suffers a death due to the negligence of the doctor. To have a valid claim, the injured patient must demonstrate that there are four legal elements in place in the case: breach of duty, causation and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medicine within the medical profession, and results in injury to the patient. It is a section of tort law, which deals with civil wrongs not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence in that the party who suffers must demonstrate 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 does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence but not negligence. This is because the doctor didn't intend to harm anyone.

In a medical malpractice case, the defendant has an obligation to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with the same knowledge and experience in similar circumstances would provide. The violation of this obligation is a crucial aspect because it proves that the negligent act caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you have suffered as a result of negligence by a doctor. This can include both financial losses, such as future medical bills, and non-economic damages, such as pain and discomfort.

In order to obtain damages, it is necessary to show that a doctor has violated a duty or obligation, and that his lapse from the standard of care resulted in injury, Vail malpractice law firm and the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted immediately, for example the case where a doctor's error resulted in an infection or any other medical condition that require additional treatment. Some damages are more difficult to identify like when a doctor misdiagnoses your condition and you cannot get the correct treatment.

If your doctor's Vail Malpractice Law Firm leads to your death and you are unable to sue, you may be able to sue for the wrongful death. In these cases, you are entitled to the same amount you could have gotten in a survival action, plus punitive damages.

In many states, there are limits to the amount you can recover in a malpractice case. These caps vary state-to-state and typically apply to both economic and non-economic damages. Some states have laws that limit how long you have to wait before filing an action.

Time Limits

As with all lawsuits, there are time limits which must be adhered to or the case could be dismissed. A malpractice lawsuit must generally be filed between two and six years following the time when the mishap occurred. The specific time limit is different for each state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there were any mistakes and if the case could be heard in court. This process takes weeks or months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitation is extended. For instance in Pennsylvania the patient must file a claim within 2 years of the date they realized the malpractice or that a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice occurred. This can be a problem if the medical error doesn't cause immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign body in the body of the patient after surgery. The patient might not discover the object until three years after the surgery. In this instance, the statutes of limitations could have been in the year following the date of surgery rather than the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to present the facts of the case. The expert of the plaintiff will testify regarding the doctor's duty to the patient, the medical standards for physicians with similar qualifications in the area and specialty and the ways that the defendant's actions were contrary to those standards. The expert will then describe how the deviation directly led to the injury of the patient.

The defendant will hire a professional to counter the plaintiff's expert, and provide their professional opinion on whether the doctor's actions met the standards of care. Experts may differ however the fact-finder determines which expert is the most reliable.

It is better for an expert to working in the medical field as they will have a better knowledge of current practices. Judges and jurors tend to believe that practicing professionals are more trustworthy than those who rely exclusively on the testimony of a court.

It is also advisable to work with an expert who specializes in the area of malpractice. For example an expert in medical practice who is well versed in dealing with breast cancer can present a an argument that is more convincing about the reason for a plaintiff's injury. A medical summit malpractice lawyer attorney in Ocala will know what expert witnesses to consult.