How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor Helena west helena malpractice law firm or hospital it is necessary to prove that the defendant has violated their duty towards patients. This evidence can include hospital and medical records.

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice or work at a hospital or clinic.

Negligence

Patients are entitled 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 can have devastating results.

A lawsuit may be brought against a medical professional if the patient is injured or dies as a result of the negligence of the physician. To be able to make a valid claim, the patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is defined as an act committed by doctors that goes against the norms of the medical community and causes injury to the patient. It is a subset of tort law that deals with civil wrongs that are not legal obligations or criminal offenses.

Medical negligence is different from normal negligence in that the person who is injured must prove that the doctor was aware, or should have known, that their actions were going to cause harm before they can claim indian trail malpractice law firm. Normal negligence doesn't. For instance an surgeon who accidentally cuts a vein or nerve during surgery would be guilty of negligence but not malpractice because the surgeon did not intend to cause harm.

In an instance of medical malpractice the defendant's obligation is to provide the patient with the standards of care that a reasonably knowledgeable health professional with similar experience and education could provide in similar situations. The breach of duty is important because it shows that the negligence alleged caused the injury.

Damages

In a case of malpractice, damages are calculated based on the amount you've suffered as a result a doctor's negligence. These can include both actual financial losses, such as the cost of future medical expenses, and non-economic losses such as pain and suffering.

To be able to claim damages, it is necessary to establish that a doctor acted in violation of the law or obligation, and that his lapse from the standard of care resulted in injury, and that the injury resulted in measurable financial costs. This is a complex legal analysis that typically requires expert witness testimony.

Some of the losses can be observed quickly, for example an error by a doctor led to an infection, or other medical issue that required additional treatment. Other damages aren't as obvious, for instance if your doctor has misdiagnosed you and you aren't able to receive the right treatment.

If a doctor's error results in your death, you can sue for wrongful death. In these claims you're entitled to the same amount you would have received in a survival lawsuit, plus punitive damages.

In most states, there are limitations on what you can receive in a malpractice claim. These limits vary from state to state and usually apply to both economic and non-economic damages. Some states also have rules that restrict the time it takes to bring a lawsuit.

Time Limits

As with all lawsuits, there are specific deadlines which must be adhered to or the case could be dismissed. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The deadline for filing a malpractice lawsuit varies from state to 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 any malpractice has occurred and if it will be accepted in the court. This phase can last for weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitations is modified. For instance, in Pennsylvania the patient must file a claim within two years from the time they discovered the malpractice or when a reasonable individual should have realized the injury existed. This is referred to as the discovery rule.

In other states the statute of limitations starts at the time the helena west helena malpractice law firm (vimeo.com) occurred. This is an issue when the mistake is not immediately causing symptoms. As an example, suppose doctors mistakenly leave an object that is foreign in the body after surgery. The patient may not discover the foreign object until three or more years after the surgery. In this instance the statute of limitations could have been in the year following the date of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help explain the details of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of providing medical care to the patient and the medical standards for the area and the specialization for doctors with similar qualifications and skills and the ways that the defendant violated the standards. The expert will explain how the deviance directly led to the injury suffered by the patient.

The defendant will hire an expert to challenge the plaintiff's expert and give their professional opinion on whether the doctor met the standards of care. Experts may differ however the fact-finder determines which expert is the most credible.

It is preferential for the expert to working in the medical field as they will have a greater understanding of current practice. Jurors and judges often believe that practicing professionals are more credible than experts whose sole source of income is a testimony in court.

It is also advisable to have an expert who has specialized in the field of malpractice. A medical expert with experience treating breast cancer, for instance, can provide a convincing argument as to the cause of an injury. A medical malpractice lawyer in Ocala will know what experts to speak with.