How to File a Medical Malpractice Lawsuit

A medical solon malpractice attorney lawsuit against a doctor or hospital requires evidence that the defendant has violated his or her duty to patients. This evidence can include hospital and medical records.

Our attorneys have extensive expertise in obtaining depositions that are successful. They could be doctors, Vimeo other medical professionals in private practice, or working at a clinic or hospital.

Negligence

Patients have the right to receive certain standards of care when they visit a hospital, doctor, or health care professional. In some instances, these standards are not adhered to or even breached. The results of this breach could be devastating.

A lawsuit may be filed against a medical professional if a patient is injured or suffers a death due to the negligence of the doctor. To be able to file a valid lawsuit, an injured patient must establish four legal elements that include breach of duty, breach of duty, causation and damages.

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

Medical negligence is different from regular negligence because the victim must show that the doctor was aware that their actions could cause harm to assert malpractice, however normal negligence is not required. For example an surgeon who accidentally cuts a vein or nerve during surgery would be guilty of negligence but not malpractice as the doctor was not aiming to cause harm.

In a medical malpractice lawsuit, the defendant has a duty to treat the patient according to the standard of care a reasonably prudent healthcare professional with the same experience and education in similar circumstances could provide. The violation of this duty is a crucial aspect because it proves that the negligent act caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you sustained due to the negligence of a physician. This could include financial losses, including future medical costs, and non-economic damages such as discomfort and pain.

To recover damages, you must show that the doctor breached a duty of care, that the doctor's deviation from the norm resulted in injury, and the injury was measurable in terms of financial consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made a mistake that led to an infection or other medical complications that required additional treatment due to the result. Other damages aren't as apparent, such as when your doctor is unable to diagnose you correctly, and you aren't able to get the correct treatment.

You can sue for wrongful death if your doctor's negligence causes your death. You may seek punitive damages in addition the compensation you'd receive in a survival suit.

In many states, there are restrictions on the amount you can be awarded in a lawsuit for malpractice. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the time you have to wait before filing an action.

Time Limits

Like any lawsuit there are deadlines that must be followed or the case will be dismissed. A malpractice suit must typically be filed between two and six years after the act occurred. The deadline varies according to state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be able to stand in the court. This stage takes weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is usually modified. In Pennsylvania, a patient has two years from the date when they first discovered the malpractice. This is called the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice happened. This can be an issue if the mistake does not trigger any immediate symptoms. Imagine, for example, that a doctor has negligently left a foreign body inside the body of the patient after surgery. The patient might not find the object until three years after the surgery. In that case the statute of limitation could have begun to start running from the date of the surgery, not from the time of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to explain the facts of the case. A plaintiff's expert will testify about the doctor's duty to the patient, vimeo medical standards for physicians with similar qualifications in the field as well as the specific ways that the defendant's actions were contrary to the standards. The expert will also explain how the deviance directly led to the patient's injury.

The defendant will contract a professional to counter the plaintiff's expert, and offer their professional opinion about whether the doctor met the guidelines of care. It is not uncommon for experts to differ with each however the factfinder decides who is the most trustworthy on their knowledge and experience.

It is recommended for the expert to be working in the medical profession since they are more knowledgeable about current practices. Jurors and judges tend to consider practicing doctors more trustworthy than those who rely exclusively on court testimony.

It is also beneficial to have an expert witness that is specialized in the field of fraud. For instance an expert in medical practice who is experienced in treating breast cancer could make a an argument that is more convincing about the reason for the plaintiff's injuries. A knowledgeable Ocala medical malpractice lawyer will know which experts to call for your case.