How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a hospital or doctor you must establish that the defendant has violated their obligation to patients. This could include medical and hospital records.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors or other medical professionals who are working in private practice or are employed at a hospital or clinic.

Negligence

When a patient goes to a doctor, hospital or health care professional, they are entitled to certain standards of medical care. Unfortunately, in some cases these standards are not adhered to or even violated. The results of this breach could be devastating.

A lawsuit may be brought against a medical professional when an injured patient suffers a death due to the negligence of that doctor. To be able to make a valid claim, the injured patient must demonstrate that there are four legal elements present: duty, breach of duty, causation and damages.

malpractice lawyers is defined as an act or omission by the physician that goes against the accepted norms of practice in the medical community and results in injury to the patient. It is a part of tort law that deals with civil wrongs and not criminal offences or contractual obligations.

Medical negligence is distinct from normal negligence in that the person who is injured must demonstrate 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 does not. For example, carnrich.com a surgeon who accidentally cut a vein or nerve during surgery is considered negligent, but not malpractice as the doctor didn't intend to cause harm.

In the case of medical negligence the defendant's responsibility is to provide the patient with the standards of care a knowledgeable health professional with similar experience and education could provide in similar situations. The breach of duty is significant because it proves that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are based on the losses you sustained due to a doctor's negligence. These can include both actual financial losses, such as the expense of medical treatment in the future and non-economic losses, like suffering and pain.

In order to recover damages, you need to show that a doctor has violated the law, that his deviation from the standard of care caused injuries, and that the injury caused financial harm that was quantifiable. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are obvious like when your doctor made a mistake that led to an illness or other medical issue that required additional treatment as a result. Other damages aren't as obvious, for instance if your doctor is unable to diagnose you correctly, and you are unable to receive the appropriate treatment.

If a medical professional's negligence causes you to die or death, you can file a lawsuit for the wrongful death. You may be able to claim punitive damages in addition to the money you'd receive in a survival lawsuit.

In most states, there are limits to the amount you can get in a malpractice claim. The caps differ by state and typically apply to both economic and non-economic damages. Certain states also have rules that restrict the time you have to wait to make a claim.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The time limit differs by state.

The time period can be complex and it is essential to consult with an attorney right away. The law firm will conduct an investigation to determine if any malpractice was committed and if it could hold up in the court. This stage can take weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitation is usually modified. For example in Pennsylvania the patient has to submit a claim within two years of the date they were aware of the malpractice, or when a reasonable individual could have realized that the injury existed. This is called the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice lawyers occurred. This could be an issue when the mistake does not immediately cause symptoms. Imagine, for instance that a doctor mistakenly left a foreign body in the body of a patient following surgery. The patient might not find the foreign object until at least three years after surgery. In this scenario the statute of limitations could have begun in the year following the date of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. The expert of the plaintiff will testify on doctors' obligations to the patient, medical guidelines for doctors who have similar qualifications in the same area and field, and the ways that the defendant's actions were contrary to the standard. The expert will discuss how the defendant's deviance directly impacted the victim's injury.

The defendant will employ a professional to counter the plaintiff's expert, and provide their professional opinion regarding whether the doctor's treatment was consistent with standards of care. Experts may differ however the fact-finder determines which expert is most reliable.

It is recommended for the expert to be working in the medical field because they are more knowledgeable about current practice. Judges and jurors typically consider practicing professionals more believable than experts whose sole source of income is testimony in court.

It is also better to hire an expert with expertise in the area of malpractice. For instance a medical professional who is experienced in dealing with breast cancer can present a an even more convincing case for the cause of an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will be aware of which expert witnesses to call for your case.