How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant breached his or her obligation to patients. This evidence could include hospital and medical documents.

Our lawyers have years of experience in conducting effective depositions. They could be doctors, other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor or health professional. However, in a few instances these standards are not met, or even violated. The results of this breach can be devastating.

When someone suffers injury or death because of a doctor's malpractice, they may bring a lawsuit against the medical professional. To have a valid claim, the injured patient must prove that four legal elements are present such as breach of duty, causation, and damages.

Malpractice can be described as an act performed by a doctor that is outside the accepted norms of the medical field and can cause injury to patients. It is a component of tort law, which deals with civil wrongs not criminal offenses or contractual obligations.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor was aware or ought to have known that their actions could cause harm in order to assert malpractice, however normal negligence does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not edgewater malpractice law firm. This is because the doctor did not intend to cause harm to anyone.

In a lawsuit for medical malpractice the defendant is under a legal obligation to treat the patient in accordance with the standard of care a reasonably prudent healthcare professional with similar experience and education in similar circumstances would provide. The breach of duty is important since it establishes 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. They can be a combination of financial loss, like the cost of future medical care as well as non-economic losses like suffering and pain.

To recover damages, you must show that the doctor breached the duty of care, that the doctor's deviation from that standard resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made a mistake that led to an infection or other medical complications, and you needed additional treatment in the aftermath. Other damages aren't as apparent, such as when your doctor misdiagnoses you and you're unable to receive the appropriate treatment.

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

In many states, there are limits to the amount you can recover in a malpractice case. These caps vary from state to state, and are typically applicable to both economic and other damages. Some states also have rules that limit the time it takes to make a claim.

Time Limits

Like any lawsuit there are time limits that must be followed or the case could be barred. A malpractice lawsuit should generally be filed between two and six years following the time when the mishap occurred. The timeframe for filing a lawsuit differs by state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will be accepted in court. This stage can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases, and often the statute of limitations is changed. For instance in Pennsylvania the patient has to submit a claim within two years of the date they were aware of the malpractice, or that a reasonable person would have known that the harm existed. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This could be problematic if the medical malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the body of the patient following surgery. The patient might not find the foreign object until three or more years after the surgery. In this instance, the statutes of limitations could have been at the time of surgery, not the moment of discovery.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical Levelland malpractice law firm cases. 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 region and specialization for the type of doctor with similar qualifications and expertise and the manner in which the defendant violated the standards. The expert will explain how the deviance directly led to the patient's injury.

The defendant will employ an expert to challenge the plaintiff’s expert, and give their professional opinion as to whether the doctor's actions met the requirements of medical care. It is common for experts to differ with each however the factfinder decides who is the most reliable based on their expertise and experience.

It is preferential for the expert to still be working in the medical field because they will have better understanding of current practices. Judges and jurors typically consider practicing professionals more believable than experts whose only source of income is the testifying in court.

It is also beneficial to hire an expert witness who is skilled in the area of the malpractice. A medical expert with experience treating breast cancer, for instance, could present a an argument that is convincing as to the cause of an injury. A knowledgeable Ocala medical malpractice lawyer will know which experts to refer your case.