How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant 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 or other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

When a patient visits a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. In some instances, these standards are not adhered to or even breached. The results of this breach can be devastating.

A lawsuit can be brought against a medical professional if the patient is injured or dies because of the negligence of the doctor. In order to file a legitimate 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 an act or omission committed by medical professionals that is contrary to the norms of practice accepted within the medical profession, and inflicts harm on the patient. It is a part of tort law, which addresses civil wrongs and not criminal offences or contractual obligations.

Medical negligence differs from regular negligence in that the victim must demonstrate that the doctor knew, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For instance the surgeon who cuts a vein or nerve during surgery could be found guilty of negligence but not malpractice (simply click the up coming post) as the doctor was not aiming to cause harm.

In the event of a medical malpractice lawsuit the defendant's responsibility is to provide the patient with the standard of care a competent health professional with similar experience and qualifications could provide in similar situations. The breach of duty is crucial because it shows that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are determined by the losses you have suffered due to the negligence of a physician. These can include both actual financial loss such as the cost of future medical expenses and non-economic losses, like suffering and pain.

In order to obtain damages, it is necessary to prove that a doctor violated a duty, that his deviation from the standard of care led to injury, and the injury resulted in measurable financial costs. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that led to an infection or medical condition, and malpractice you needed additional treatment because of it. 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 your doctor's malpractice leads to your death then you can sue for the wrongful death. You may seek punitive damages in addition to the compensation you'd receive in a survival lawsuit.

In many states, there are limitations on the amount you can recover in a malpractice case. The caps differ from state to state, and malpractice are typically applicable to both financial and other damages. Some states have laws that limit the amount of time you can wait before filing an action.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to, or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The time frame varies by state.

The time frame can be complex and it is essential to speak with an attorney immediately. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will be accepted in the court. This process can take several weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and typically, the statute of limitations is changed. In Pennsylvania patients are entitled to two years from the time that they discovered the malpractice. This is known as the discovery rule.

In some states, the statutes of limitations begin to expire on the date when the malpractice occurred. This is problematic if the act doesn't immediately cause symptoms. For instance, suppose doctors mistakenly leave an object that is foreign in the body after surgery. The patient might not be aware of the foreign object until three or more years after surgery. In this case the statute of limitations could have begun at the time of surgery, not the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases depend on experts to explain the details of the case. The expert of the plaintiff will testify regarding the doctor's duty to the patient, medical standards for doctors with similar qualifications in their area and field, and the ways that the defendant's actions were contrary to the standards. The expert will explain the way in which the defendant's actions directly impacted the victim's injury.

The defendant will employ a professional to counter the plaintiff's expert, and give their professional opinion as to whether the doctor's treatment was consistent with standards of care. It is not uncommon for experts to disagree with each however the fact finder decides who is the most trustworthy on their experience and education.

It is preferential for the expert to remain working in the medical field as they are more knowledgeable about the current practices. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely solely on the testimony of a court.

It is also beneficial to use an expert witness who has expertise in the area of the fraud. A medical professional who has prior experience treating breast cancer for instance, could present a a convincing argument as to the reason for an injury. A medical malpractice lawyer in Ocala will know what experts to ask.