How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant breached his or her obligation to patients. This evidence could include medical and hospital records.

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

Negligence

When a patient sees a doctor, hospital or health care professional, they are entitled to certain standards of medical care. Unfortunately they aren't always met, or even violated. This breach can have devastating results.

When someone is injured or death because of a doctor's negligence, they could file a lawsuit against the medical professional. To be able to file a valid lawsuit, the person who was injured must demonstrate four legal elements that include breach of duty, breach of duty, causation and damages.

paris malpractice attorney can be defined as an act by the doctor that is against the accepted norms of the medical profession and causes harm to patients. It is an aspect of tort law that deals with civil violations that are not legally binding or criminal in nature.

Medical negligence is distinct from regular negligence in that the person who is injured has to prove that the doctor was aware, or ought to have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. For instance an surgeon who accidentally creates a cut on a vein or nerve during surgery would be in the wrong of negligence, but not malpractice because the doctor was not aiming to cause harm.

In a medical malpractice case the defendant has an obligation to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with comparable knowledge and experience in similar circumstances could provide. The violation of this obligation is a crucial element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

In a malpractice lawsuit, damages are determined by the losses you have suffered as a result of the negligence of a physician. This can include both financial losses, including future medical costs, and non-economic damages, such as pain and discomfort.

To be able to claim damages, you need to prove that a doctor violated a duty or obligation, and that his lapse from the standard of care led to injury, and that the injury resulted in measurable financial costs. This is a complex legal analysis that usually requires expert witness testimony.

Certain of these losses can be identified quickly, for example the case where a doctor's error led to an infection, or other medical complications that required additional treatment. Other damages aren't as evident, like when your doctor is unable to diagnose you correctly, and you aren't able to receive the right treatment.

You are able to sue for wrongful-death in the event that a negligent doctor causes your death. You may seek punitive damages in addition to the money you would receive in a survival lawsuit.

In the majority of states, there are limits on the amount you can recover in a legal case. These limits vary from state to state and are usually applicable to both economic and other damages. Certain states also have rules that restrict the length of time you have to wait to start a lawsuit.

Time Limits

As with any lawsuit there are certain time frames that must be observed or the case could be dismissed. A malpractice suit must typically be filed between two and six years after the malpractice occurred. The deadline varies according to state.

The time limit can be complicated and it is important to consult with an attorney right away. The law firm will investigate to determine if there was malpractice and if the case could be heard in court. This process takes weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and often the statute of limitations is altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they discovered the malpractice. This is called the discovery rule.

In some states the statutes of limitation begin to expire on the date on which the medical error occurred. This can be an issue when the mistake doesn't immediately cause symptoms. For example, suppose doctors mistakenly leave a foreign object in the body following surgery. The patient may not realize the object until three years after the surgery. In this situation, the statutes of limitations could have begun running from the date of surgery, not the moment of discovery.

Expert Witnesses

Many medical Harriman Malpractice Law Firm cases depend on expert witnesses to help clarify the facts of the case. A plaintiff's expert witness will provide testimony regarding the doctor's duty of care to the patient, the medical standards in the region and specialty for this type of doctor with similar qualifications and expertise and the ways the defendant deviated from those standards. The expert will discuss how the defendant's departure directly caused the patient's injury.

The defendant will hire an expert to counter the plaintiff's expert and give their professional opinion about whether the doctor met the standard of care. Experts could differ, but the fact-finder decides which expert is the most credible.

It is more beneficial that the expert continue to working in the medical field because they'll have better knowledge of current practices. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is the testifying in court.

It is also recommended to have an expert witness that is specialized in the area of the legal malpractice. A medical expert who has prior experience treating breast cancer for instance, can provide an argument convincingly as to the cause of an injury. A seasoned Ocala medical malpractice attorney will be aware of which expert witnesses to call for your case.