How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a hospital or doctor it is necessary to prove that the defendant has violated their duty to patients. This evidence could include hospital and medical documents.

Our lawyers have a wealth of experience in taking effective depositions. These may be doctors or other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional is entitled to certain standards of medical care. Unfortunately, in some instances these standards are not met, or even violated. This can lead to devastating results.

A lawsuit can be brought against a medical professional if the patient is injured or suffers a death due to the negligence of the doctor. In order to have a legitimate claim, the injured patient must demonstrate that there are four legal elements present 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 accepted norms of practice in the medical community, and can cause injury to the patient. It is a part of tort law that covers civil violations, not criminal offenses or contractual obligations.

Medical negligence differs from normal negligence in that the person who is injured must show that the doctor knew or should have known that their actions would cause harm in order to prove malpractice, whereas normal negligence is not required. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to harm anyone.

In a case of medical malpractice the defendant is under an obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances would provide. The breach of duty is important because it demonstrates that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are calculated based on the amount you've suffered caused by a doctor's negligence. This could include financial losses, such as future medical bills, and non-economic damages such as discomfort and pain.

To be able to claim damages, it is essential to prove that a doctor violated an obligation, that his deviation from the standard of care resulted in injuries, and that the injury caused financial harm that was quantifiable. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses can be seen immediately, for instance the case where a doctor's error led to an infection, or any other medical condition that required further treatment. Other damages aren't as evident, for instance, if your doctor has misdiagnosed you and you aren't able to get the correct treatment.

If the negligence of your doctor causes your death or death, you can file a lawsuit for wrongful death. You may be able to claim punitive damages in addition to the money you would receive in a case of survival.

In many states, there is a limit on the amount you can be awarded in a Turlock Malpractice lawyer case. These caps vary state-to-state and usually apply to both economic and non-economic damages. Certain states also have rules that limit the time it takes to file a lawsuit.

Time Limits

Like any lawsuit there are time limits to be adhered to or the case may be dismissed. A malpractice suit must typically be filed between two and six years after the grand junction malpractice law firm occurred. The timeframe for filing a lawsuit is determined by the state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake has occurred and if it will be found to be valid in court. This stage takes weeks or months.

Medical malpractice cases are governed by different laws than other types of cases and typically, the statute of limitations is changed. For instance in Pennsylvania the patient has to submit a claim within two years from the time they discovered 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 starts at the time the malpractice happened. This could be an issue when the mistake does not immediately cause symptoms. Imagine, for instance, that a doctor negligently left a foreign body in the body of the patient following surgery. The patient may not realize the object until three years after the procedure. In this situation, the statutes of limitations may have started beginning from the date of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for a plaintiff will testify about the doctor's duty of care to the patient and the medical standards applicable to the region and specialization for the type of doctor with similar qualifications and skills and the ways that the defendant violated those standards. The expert will explain how the deviation directly contributed to the injury of the patient.

The defendant will employ an expert to challenge the plaintiff's expert, and offer their professional opinion on whether or not the doctor met the standards of care. It is normal for experts to disagree with each with respect to their opinions, but the fact finder decides who is the most trustworthy based on their expertise and experience.

It is preferential for an expert to working in the medical field, as they will have a better knowledge of current practices. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely solely on court testimony.

It is also recommended to get an expert witness who specializes in the area of the malpractice. For instance a medical professional who is well versed in dealing with breast cancer can present a a more convincing argument about the cause of an injury suffered by a plaintiff. A seasoned Ocala medical malpractice attorney will know which expert witnesses to consult for your case.